BOMBAY UNION OF JOURNALISTS & ORS. vs THE STATE OF BOMBAY & ANR,

The Supreme Court held that under Section 25F of the Industrial Disputes Act, the Government has the discretion to decide whether to refer an industrial dispute for adjudication. The Court clarified that while the Government may consider the merits of the dispute, it should not reach final conclusions on disputed facts or law, which are within the jurisdiction of the Industrial Tribunal. The Court also ruled that Section 25F(c) does not constitute a mandatory condition precedent for valid retrenchment, and previous assertions to the contrary were deemed orbiter dicta.