Supreme Court of India · 1978-10-06
AVON SERVICES (PRODUCTION AGENCIES) PVT. LTD. vs INDUSTRIAL TRIBUNAL, HARYANA FARlDABAD ORS.
- Citation / case number
- SC 1975/60616
- Court
- Supreme Court of India
- Petitioner
- AVON SERVICES (PRODUCTION AGENCIES) PVT. LTD.
- Respondent
- INDUSTRIAL TRIBUNAL, HARYANA FARlDABAD ORS.
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that under Section 10(1) of the Industrial Disputes Act, 1947, the Government retains the power to refer an industrial dispute for adjudication even after initially declining to do so, without the necessity of fresh material. The Court clarified that the opinion required for such a reference is based on the existence or apprehension of a dispute, which is a discretionary and administrative act. Additionally, the retrenchment of workmen was deemed invalid as the employer failed to comply with Section 25F of the Act, leading to the dismissal of the appeal.