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april 1976

Supreme Court of India · 1976-04-05

PREM KAKAR vs STATE OF HARYANA AND ANR.

Citation / case number
SC 1975/60457
Court
Supreme Court of India
Petitioner
PREM KAKAR
Respondent
STATE OF HARYANA AND ANR.
Author
A.N. () RAY
Bench
A.N. (CJ) RAY

Judgment text excerpt

The Supreme Court held that the State cannot be compelled by a writ of mandamus to make a reference under Section 10(1) of the Industrial Disputes Act if it deems the case unfit for adjudication. The Court emphasized that the determination of whether an individual qualifies as a 'workman' is an administrative decision, not subject to judicial review. The appeal was dismissed, affirming the High Court's ruling that the State's decision was final and not open to challenge under Article 226.

PREM KAKAR vs STATE OF HARYANA AND ANR. · Niyam