THE STATE OF BIHAR vs D. N. GANGULY & OTHERS

The Supreme Court ruled that Section 10(1) of the Industrial Disputes Act, 1947 does not empower the appropriate Government to cancel or supersede a reference regarding an industrial dispute that is pending adjudication by a tribunal. The Court clarified that Section 21 of the General Clauses Act, 1897 cannot confer such power by implication. The Court upheld the High Court's decision to quash the Government's notification that attempted to supersede the references, affirming that the appropriate writ in such cases would be mandamus rather than certiorari.