M.N.CHANDURKAR, M.SRINIVASAN
Shaw Wallace & Co. Ltd. – Appellant
Versus
State Of Tamil Nadu Represented By The Commissioner And Secretary, Labour Dept. – Respondent
Srinivasan, J.
1. All the above writ appeals arise out of writ petitioner challenging orders of the State Government refusing to pass orders of reference under Section 10 of the Industrial Disputes Act, hereinafter referred to as 'the Act,' for adjudication. All cases except W.A. 292 of 1987 and 1781 of 1987 fall within the ambit of Section 2-A of the Act arising out of disputes raised by individuals. The common question which requires to be answered is, 'what are the grounds on which the appropriate Government can refuse to refer a dispute for adjudication?'. Though the matter is not res integre, we are obliged to consider it at some length on account of the contentions raised before us, in particular, that the decisions of the Supreme Court rendered recently run counter to its earlier pronouncements.
2. Excepting in W.A. Nos. 255, 292 and 1781 of 1987, in all other matters the Government refused to make reference on the ground that there was fair and proper enquiry by the concerned management and the punishment meted out to the worker concerned was quite appropriate. In W.A. 255 of 1987, the refusal to make reference was on the ground that the writ petitioner was not a work
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