Supreme Court of India
The Secretary, Indian Tea Association v. Ajit Kumar Barat and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that both the appellate court D and the learned single Judge of the High Court erred in law in issuing a mandamus directing the State Government to make an appropriate refer ence, therefore, the judgment of the learned single Judge passed in writ petition No. 155 of 1998 and the judgment of the appellate court are hereby set aside.
Judgment, page 9
From the headnote
Labour Laws : Industrial Disputes Act, 1947-Section JO r/w. s.12(5)(1)-R.efer ence-Subjective satisfaction of appropriate Government-Scope-Refusal to refer the mattei--Powers of Court to interfere. Respondent 1 employed as Joint Secretary of appellant Association, was dismissed from service for disobeying an order of transfer. Concilia· tion proceedings u/s. 12 of the Industrial Disputes Act, 1947 were held and c a failure report was submitted, recommending a reference. The Govern· ment regretted its inability to make a reference as respondent 1 was not a wor!unan. In wdt proceedings filed
Where later benches applied it
Of those, 1 referred to
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