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october 1978

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.

AVON SERVICES (PRODUCTION AGENCIES) PVT. LTD. vs INDUSTRIAL TRIBUNAL, HARYANA FARlDABAD ORS. · Niyam