M/S. TATA IRON & STEEL CO. LTD. versus STATE OF JHARKHAND & ORS.

M/S. TATA IRON & STEEL CO. LTD. versus STATE OF JHARKHAND & ORS.

The reference made by the appropriate government was defective as it presumed facts in dispute, precluding appellant from presenting its case and limiting adjudication; terms must reflect real dispute by stating whether respondents remained employees after transfer, not simply whether they should be taken back. Reference in present form quashed; government directed to make fresh reference reflecting real essence of dispute.

Parties
Appellant: M/S. Tata Iron & Steel Co. Ltd.; Respondents: State of Jharkhand & Ors.
Jurisdiction
India
Judgment Date
16 September 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals allowed
Legal Topics
Reference of Industrial Disputes, Jurisdiction of Labour Court, Business Transfer, Terms of Reference
Labour Law Reference of Industrial Disputes Jurisdiction of Labour Court Business Transfer Terms of Reference

Case Brief

Summary, issues, holding and outcome

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Parties

M/S. Tata Iron & Steel Co. Ltd.

Appellant

State of Jharkhand & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the reference made by appropriate government under s.10(1) of the Industrial Disputes Act, 1947 was defective and precluded appellant from raising its case.
  2. 2 Whether an industrial dispute exists between appellant and respondents due to transfer of employees under business agreement.

Ratio Decidendi

The reference made by the appropriate government was defective as it presumed facts in dispute, precluding appellant from presenting its case and limiting adjudication; terms must reflect real dispute by stating whether respondents remained employees after transfer, not simply whether they should be taken back. Reference in present form quashed; government directed to make fresh reference reflecting real essence of dispute.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment of High Court set aside
  • Reference made by government quashed