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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Auckland House School – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. challenge to corrigendum amending reference to include termination. (Para 1 , 2 , 3 , 4 , 5) |
| 2. dispute over government's power to amend industrial reference. (Para 6 , 7) |
| 3. termination independent of original dispute; no prior demand. (Para 8 , 9 , 10) |
| 4. no suo motu reference without demand under sections 10, 2a. (Para 11 , 12 , 13 , 14) |
| 5. corrigendum quashed; liberty to invoke section 2a. (Para 15 , 16) |
By way of this petition, the petitioner has prayed for the following reliefs:-
“(i) That action of the Respondent no.1, whereby old reference (Annexure-C) made under section 10 of the Industrial Disputes Act, 1947 has been amended and superseded by "corrigendum" dated 26th June 2019 (Annexure -F) as a consequence whereof Respondent no.2 has now been allowed to amend its old claim petition (Annexure -D) with fresh claim petition (Annexure-G) before the Learned Industrial tribunal cum- Labour court, may kindly be quashed and set aside.
(ii) order dated 07/05/2022 That impugned (Annexure 1), whereby the application dated 11/03/2020 filed by the petitioners (Annexure -H) has been dismissed upholding the "corrigendum" dated 26th June 2019
Appropriate Government cannot suo motu amend industrial dispute reference to include termination during conciliation absent demand notice; fresh cause requires new dispute or Section 2A application. ....
The main legal point established in the judgment is the administrative nature of the Government's action under Section 10 of the Industrial Disputes Act, the non-altering effect of the corrigendum on....
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
The existence of an industrial dispute at the time of Reference is essential, and delay in raising the dispute does not extinguish it.
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
The court upheld the dismissal of an amendment application in industrial dispute proceedings, ruling that proposed changes were repetitive and did not introduce new claims, affirming the Labour Court....
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
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