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.