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In Re: Paramount Films of India, Ltd., Madras Branch - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtChennai High Court
Decided On
Reported in(1957)2MLJ357
AppellantIn Re: Paramount Films of India, Ltd., Madras Branch
Excerpt:
- orderrajagopalan, j.1. this is a petition under article 226 of the constitution for the issue of a writ of certiorari to set aside a reference made by the government under section 10(1)(c) of the industrial disputes act, 1947.2. it has been consistently held by this court that an order under section 10(r)(c) of the act is only administrative in its scope and is therefore outside the purview of correction by the issue of a writ of certiorari. there cannot be a writ of prohibition either directed to the industrial tribunal. it is open to the petitioner to raise the question he has raised here, that there was in law no industrial dispute at all for adjudication, even as a preliminary issue, by the industrial tribunal. the industrial tribunal has to decide such a jurisdictional issue in the.....
Judgment:
ORDER

Rajagopalan, J.

1. This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari to set aside a reference made by the Government under Section 10(1)(c) of the Industrial Disputes Act, 1947.

2. It has been consistently held by this Court that an order under Section 10(r)(c) of the Act is only administrative in its scope and is therefore outside the purview of correction by the issue of a writ of certiorari. There cannot be a writ of prohibition either directed to the Industrial Tribunal. It is open to the petitioner to raise the question he has raised here, that there was in law no industrial dispute at all for adjudication, even as a preliminary issue, by the Industrial Tribunal. The Industrial Tribunal has to decide such a jurisdictional issue in the first instance; If the Industrial Tribunal arrives at a wrong decision, the aggrieved person will be entitled to challenge the validity of such a decision by an application for the issue of a writ of certiorari. As I said, the order the petitioner seeks to avoid is, the order of reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 and for that no application for the issue of a writ of certiorari can lie.

3. The petition is dismissed.


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