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1995 Supreme(Del) 687
High Court Of Delhi
DELHI LABOUR UNION - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 67 of 1993
Decided On : 09/01/1995
ASHOK AGARWAL, V.R.DATAR
Headnote:Industrial Disputes Act - Section 10 — Reference of dispute thereunder — Refusal to refer the dispute on the ground that the question as to whether the employers is an industry or not, is subjudice before the Supreme Court, in another matter — Refusal by the appropriate is based on the extraneous and irrelevant reasons — Direction given to the Govt. to reconsider the matter.
( 1 ) RULE D. B.
( 2 ) IN spite of nearly ten months having elapsed, counter-affidavit has not been filed. We are not inclined to grant any further time.
( 3 ) THE Central Government by impugned order dated 28 June 1993 has refused to make reference of industrial dispute raised by the petitioner with the management of All India Radio in respect of the workman Suraj Bhan on the only ground stated in the impugned letter that the Supreme Court has granted stay of operation of judgment of the Madhya Pradesh High Court, holding All India Radio to be an `industry under the Industrial Disputes Act, 1947. We are afraid the ground on which reference has been refused by the Central Government is wholly extraneous, irrelevant and unsustainable in law. Accordingly the impugned order dated 28 June 1993 is set aside with a direction to the Central Government to re-consider the matter afresh within two months of the receipt of the order from this Court. The Rule is made absolute in the above terms. No costs.
