1956 JTR(Mad) 359
1957 AIR(Mad) 700 ; 1957 70 LW 358 ; 1957 MWN 268 ; 1958 12 FJR 389 ; 1957 KHC 5383
MADRAS HIGH COURT
RAJAGOPALAN
Management of Kadachira Motor Service Ltd.and another
Versus
State of Madras, and others
Writ Petition No. 1285 of 1956
Decided On : 25 October, 1956
The validity of the reference under the Industrial Disputes Act cannot be challenged by a writ of certiorari, and the Industrial Tribunal has jurisdiction to decide whether an industrial dispute existed.
Act
Referred
:CONSTITUTION OF INDIA : Art.226
INDUSTRIAL DISPUTES ACT : S.10(1)(c)
Industrial Dispute - Validity of Reference - The court held that the validity of the reference under S. 10 (1) (C) of the Industrial Disputes Act by the Government cannot be challenged by an application for the issue of a writ of certiorari, as it is a ministerial or administrative act. However, the question of whether a given dispute is an industrial dispute has yet to be decided, and it is primarily for the Industrial Tribunal to decide that issue.
Fact of the Case:
The petitioners sought determination of whether there was an industrial dispute as defined by the Act to justify a reference by the Govt. to the Industrial Tribunal for adjudication.
Finding of the Court:
The court dismissed the petition, stating that the Industrial Tribunal has jurisdiction to decide whether an industrial dispute existed.
Issues: Validity of the reference under S. 10 (1) (C) of the Industrial Disputes Act, and the jurisdiction of the Industrial Tribunal to decide the issue of industrial dispute.
Ratio Decidendi: The validity of the reference under the Industrial Disputes Act cannot be challenged by a writ of certiorari, but the question of whether a given dispute is an industrial dispute is for the Industrial Tribunal to decide.
Final Decision: The petition was dismissed.
Industrial Dispute - Validity of Reference - The court held that the validity of the reference under S. 10 (1) (C) of the Industrial Disputes Act by the Government cannot be challenged by an application for the issue of a writ of certiorari, as it is a ministerial or administrative act. However, the question of whether a given dispute is an industrial dispute has yet to be decided, and it is primarily for the Industrial Tribunal to decide that issue.
Fact of the Case:
The petitioners sought determination of whether there was an industrial dispute as defined by the Act to justify a reference by the Govt. to the Industrial Tribunal for adjudication.
Finding of the Court:
The court dismissed the petition, stating that the Industrial Tribunal has jurisdiction to decide whether an industrial dispute existed.
Issues: Validity of the reference under S. 10 (1) (C) of the Industrial Disputes Act, and the jurisdiction of the Industrial Tribunal to decide the issue of industrial dispute.
Ratio Decidendi: The validity of the reference under the Industrial Disputes Act cannot be challenged by a writ of certiorari, but the question of whether a given dispute is an industrial dispute is for the Industrial Tribunal to decide.
Final Decision: The petition was dismissed.
H.S. Hegde, for Petitioners.
Judgement
ORDER :- 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 reference under S. 10 (1) (C) of the Industrial Disputes Act by the Government cannot be challenged by an application for the issue of a writ of certiorari, because in making the order of reference, the Government was only doing a ministerial or administrative act. It has been held in more cases than one that despite the fact that the validity of the reference itself cannot be challenged by an application for the issue of a writ of certiorari to quash the order of reference, the question whether a given dispute 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 desirable for the Industrial Tribunal to decide 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 Industrial Tribunal, as I said, has jurisdiction to decide the question whether an industrial dispute existed.
2. The petition is dismissed.
Petition dismissed.