Decided on April 11,1983

Laxmanbhai Lallubhbai Lodha Appellant
Nandlal Budhalal Rana Respondents


A.P.RAVANI, J. - (1.) In the instant case, it is clear from the evidence on record that the parties were called before the Labour Officer. Later On before the Assistant Labour Commissioner the employer appeared and produced certain documents roll call, pay sheets, etc. The Assistant Labour Commissioner did not believe the same and the dispute could not be settled and thereafter the Government made the reference. It is not even argued by the counsel for the employer that there was no material before the Government on the basis of which it could not have formed the opinion to make a reference. The decision in Sindhu Resettlement Corporation Ltd. v. Industrial Tribunal of Gujarat and others, AIR 1968 S.C 529 again came up for consideration in the case of M/s. Avon Services Production Agencies (P) Ltd. v. Industrial Tribunal, Haryana and Others reported in AIR 1979 SC 170 and again the Supreme Court said that it will not be competent for the Court to hold the reference bad and quash the proceedings for want of jurisdiction merely because there was, in its opinion, no material before Government on which it could have come to an affirmative conclusion on those matters. The Supreme Court, said that if the dispute was an industrial dispute, its factual existence and the expediency of making a reference in the circumstances of a particular case are matters entirely for Government to decide uppn. In this view of the legal position, the contention raised by the counsel for the employer fails and it cannot be said that the reference made by the Government was in any way incompetent or bad. Rule discharged. ;

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