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Management of Kadachira Motor Service Ltd. and anr. Vs. State of Madras and ors. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtChennai High Court
Decided On
Case NumberWrit Petition No. 1285 of 1956
Judge
Reported inAIR1957Mad700
ActsConstitution of India - Article 226; Industrial Disputes Act, 1947 - Sections 10(1)
AppellantManagement of Kadachira Motor Service Ltd. and anr.
RespondentState of Madras and ors.
Advocates:H.S. Hegde, Adv.
DispositionPetition dismissed
Excerpt:
- .....there was an industrial dispute as defined by the act to justify a reference by the govt. to the industrial tribunal for adjudication is the question which the petitioners want to be determined at this stage. the validity of the referenceunder section 10(1)(c) of the industrial disputes actby the government cannot be challenged by an application for the issue of a writ of cert orari, because in making the order of reference, the government wa's only doing a ministerial or administrative act. it has been held in more cases than onethat despite the fact that the validity of the reference itself cannot be challenged by an applicationfor the issue of a writ of certiorari to quashthe order of reference, the question whether a givendispute is an industrial dispute has yet to be decided.it is.....
Judgment:
ORDER

Rajagopalan, J.

1. Whether there was an industrial dispute as defined by the Act to justify a reference by the Govt. to the Industrial Tribunal for adjudication is the question which the petitioners want to be determined at this stage. The Validity of the referenceunder Section 10(1)(C) of the Industrial Disputes Actby the Government cannot be challenged by an application for the issue of a writ of cert orari, because in making the order of reference, the Government wa's only doing a ministerial or administrative act. It has been held in more cases than onethat despite the fact that the validity of the reference itself cannot be challenged by an applicationfor the issue of a writ of certiorari to quashthe order of reference, the question whether a givendispute is an industrial dispute has yet to be decided.

It is primarily for the Industrial Tribunal to decide that issue. If there is no industrial dispute at all as defined by the Act the Industrial Tribunal would obviously have no further jurisdiction to adjudicate any dispute. Possibly, it may be desir-[able for the Industrial Tribunal to deckle that issue as a preliminary issue. But at this stage neither a writ of prohibition can issue; nor a writ of mandamus can issue. As proceedings are pending, the In(sic)us-trial Tribunal, as I said, has jurisdiction to decide the question whether an industrial dispute existed.

2. The petition is dismissed.


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