SULTAN SINGH versus STATE OF HARYANA AND ANR.

SULTAN SINGH versus STATE OF HARYANA AND ANR.

The State Government's refusal to make a reference under Section 10(1) of the Industrial Disputes Act is an administrative order and does not require notice or hearing for the employer, even upon a second application; as no reference was actually made, appellant is not entitled to relief.

Parties
Appellant: Sultan Singh; Respondents: State of Haryana and Anr.
Jurisdiction
India
Judgment Date
12 December 1995
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Punjab & Haryana High Court
Outcome
Appeal disposed of; no relief granted as no reference was made by the Government.
Legal Topics
Industrial Disputes Act Reference Procedure, Workman Reinstatement, Administrative Orders Vs. Quasi Judicial Orders
Labour Law Industrial Disputes Act Reference Procedure Workman Reinstatement Administrative Orders Vs. Quasi Judicial Orders

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Parties

Sultan Singh

Appellant

State of Haryana and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Punjab & Haryana High Court

Legal Issues

  1. 1 Whether State Government should hear employer before making a reference on second application under Section 10 of the Industrial Disputes Act, 1947
  2. 2 Whether an order of reference was made by the State Government entitling the appellant to adjudication by tribunal

Ratio Decidendi

The State Government's refusal to make a reference under Section 10(1) of the Industrial Disputes Act is an administrative order and does not require notice or hearing for the employer, even upon a second application; as no reference was actually made, appellant is not entitled to relief.

Court Disposition

Appeal disposed of; no relief granted as no reference was made by the Government.

Orders

  • Appeal disposed of accordingly.
  • No costs.