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ALOK MATHUR
Dewesh Kumar Ex-Sr. Supervisor M/s Tata Engg. And L. Co. Ltd. – Appellant
Versus
Tata Enginnering And Locomitove Company Limited Lucknow – Respondent
JUDGMENT :
1. Heard Sri Vivek Mishra, learned counsel for petitioner as well as Sri Mudit Agarwal, learned counsel for respondent No. 1 and learned Standing Counsel for respondent No. 2.
2. The grievance raised by the petitioner is with regard to order dated 05.12.2000 passed by Dy. Labour Commissioner, Lucknow Region, Lucknow thereby declining to refer the dispute raised by the petitioner for adjudication before the Labour Court in exercise of powers under Section 4 (K) of U.P. Industrial disputes Act, 1947.
3. The facts in brief of the present case are that petitioner was working with respondent No. 1 on the post of Supervisor w.e.f. 1993 and claims to be covered within the definition of workman as provided under Section 2(Z) of the U.P. Industrial Disputes Act, 1947.
4. The grievance of the petitioner is that he was dismissed from service on 04.02.1998 illegally and arbitrarily and in violation of provisions of Section 6(N) of the Act of 1947. Being aggrieved by his dismissal, the petitioner had moved an application before the Prescribed Authority/Conciliation Board on 15.04.1998. On the basis of the said application, conciliation proceedings were initiated and the matter was referr
The discretion vested in the appropriate Government to decide whether to make a reference to the Labour Court and the scope of judicial review of such decisions.
The main legal point established in the judgment is that the power of reference under section 10 of the Industrial Disputes Act should be exercised reasonably and in a rational manner and not in a me....
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....
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 court established that a reference made by the State Government under the UPID Act to the Labour Court regarding the dismissal of a workman is valid, and the maintainability of a special appeal i....
Point of Law : whether or not the industrial dispute exists or is apprehended in the meaning of Section 10(1) of the Act can be decided by the appropriate Government alone and not by any other author....
Labour Law – Imposition of penalty – No opportunity of hearing – Matter remitted back
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