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january 2016

Supreme Court of India · 2016-01-18

M/S RAHMAN INDUSTRIES PVT.LTD. vs STATE OF UP

Citation / case number
SC 2011/9156
Court
Supreme Court of India
Petitioner
M/S RAHMAN INDUSTRIES PVT.LTD.
Respondent
STATE OF UP
Author
KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court addressed the jurisdiction of the Government under the Industrial Disputes Act, 1947, emphasizing that the Government must assess the existence of a dispute before making a reference for adjudication. The Court held that the High Court's directive to refer the dispute raised by workmen was overly prescriptive, effectively removing the Government's discretion to determine if a dispute warranted referral. The judgment clarified that while the workmen's claims were not dismissed, the Government retains the authority to evaluate the merits of the dispute before proceeding with a reference.

M/S RAHMAN INDUSTRIES PVT.LTD. vs STATE OF UP · Niyam