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april 1960

Supreme Court of India · 1960-04-18

STATE OF BOMBAY vs K. P. KRISHNAN AND OTHERS. (AND CONNECTED APPEAL)

Citation / case number
SC 1957/60041
Court
Supreme Court of India
Petitioner
STATE OF BOMBAY
Respondent
K. P. KRISHNAN AND OTHERS. (AND CONNECTED APPEAL)
Author
SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Bench
SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that Section 10(1) of the Industrial Disputes Act, 1947, grants the appropriate Government the power to make a reference for adjudication, while Section 12(5) requires the Government to communicate reasons for refusal that are relevant to the dispute. The Court found that the Government's refusal to refer a dispute regarding employee classification and bonus, based solely on the employees' go-slow tactics, was punitive and based on irrelevant considerations. Consequently, the Court issued a writ of mandamus, emphasizing that the claim for bonus was justified by profits and aligned with industrial adjudication principles.

STATE OF BOMBAY vs K. P. KRISHNAN AND OTHERS. (AND CONNECTED APPEAL) · Niyam