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august 1975

Supreme Court of India · 1975-08-05

GOVIND SUGAR MILLS LTD. & ANR vs HIND MAZDOOR SABHA & ORS.

Citation / case number
SC 1975/60498
Court
Supreme Court of India
Petitioner
GOVIND SUGAR MILLS LTD. & ANR
Respondent
HIND MAZDOOR SABHA & ORS.
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that under Section 3(b) of the U.P. Industrial Disputes Act, 1947, the State Government has discretionary power to refuse to refer an industrial dispute for adjudication under Section 4K. The Court clarified that while the High Court can quash the Government's order, it cannot issue a peremptory writ of mandamus directing the Government to make a reference. The judgment distinguished the current case from the precedent set in State of U.P. v. Basti Sugar Mills Co. Ltd., emphasizing that the legal position changed after the 1957 amendments to the Act.

GOVIND SUGAR MILLS LTD. & ANR vs HIND MAZDOOR SABHA & ORS. · Niyam