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Sankari Cement Alai Thozhilalar Munnetra Sangam, Tamil Nadu Vs. Government of Tamil Nadu and anr. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtSupreme Court of India
Decided On
Judge
Reported in(1983)ILLJ460SC; (1983)1SCC304
ActsIndustrial Disputes Act, 1947 - Sections 10 and 12(5)
AppellantSankari Cement Alai Thozhilalar Munnetra Sangam, Tamil Nadu;management of India Cement Limited
RespondentGovernment of Tamil Nadu and anr.;sankari Cement Alai Thozhilalar and anr.
Excerpt:
labour and industrial - reference - sections 10 of industrial disputes act, 1947 - petitioner sought reference of industrial dispute arising from alleged invalid termination of service of workmen under section 10 - state government failed to perform duty imposed by statute - government directed to make reference of said industrial dispute to appropriate tribunal. - .....no substance in the petition. we however remain unconvinced. 2. petitioner sought reference of the industrial dispute arising from alleged invalid termination of the service of workmen mentioned in the 460 petition under section 10 of the industrial disputes act. having regard to all the relevant circumstances of the case, we are of the opinion that state government failed to perform the duty imposed by the statute for reasons which are irrelevant. accordingly, tamil nadu government is directed to make a reference of the said industrial dispute to the appropriate tribunal, within four weeks from today. we hope that as the matter is an old one, the industrial tribunal and/or labour court to which reference would be made shall dispose it of as early as possible. 3. the appeal is allowed to.....
Judgment:

Mr. D.A. Desai, J.

1. Having heard learned Counsel for respondents at length and M/s. A. V. Rangam and A.T. M. Sampath with their usual vehemence tried to convince us that there is no substance in the petition. We however remain unconvinced.

2. Petitioner sought reference of the industrial dispute arising from alleged invalid termination of the service of workmen mentioned in the 460 petition under Section 10 of the Industrial Disputes Act. Having regard to all the relevant circumstances of the case, we are of the opinion that State Government failed to perform the duty imposed by the statute for reasons which are irrelevant. Accordingly, Tamil Nadu Government is directed to make a reference of the said industrial dispute to the appropriate tribunal, within four weeks from today. We hope that as the matter is an old one, the Industrial Tribunal and/or Labour Court to which reference would be made shall dispose it of as early as possible.

3. The appeal is allowed to the extent herein indicated. In the circumstances, there would be no order as to costs.

ORDER ON THE REVIEW PETITION

4. We have perused the review petition and the connected papers. We find no substance in the review petition. It is accordingly dismissed.


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