@JUDGMENTTAG-ORDER
Radhakrishna Rao, J.@mdashThis petition is filed for the issue of a writ of mandamus declaring the action of the 1st respondent in refusing to refer
the dispute raised by the petitioner to the Labour Court for adjudication as arbitrary, illegal and without jurisdiction, and to issue a consequential
direction to the 1st respondent to refer the dispute to the Labour Court for adjudication.
2. The impugned order reads as follows :
........The Government considers that the above dispute does not merit reference for adjudication since the punishment inflicted by the
Management on the workmen was to ensure discipline in the industry"".
3. The first respondent took the view that the punishment inflicted by the Management was to ensure discipline in the industry and if so, no
reference is called for. It may however be noticed that the petitioner herein was inflicted with certain punishment, and to seek an adjudication
whether the punishment so imposed by the Management was justified or not, the petitioner has a right to have the dispute referred to the Labour
Court. The ground on which the respondent in this case refused to refer the matter for adjudication cannot be sustained.
4. The learned counsel for the petitioner has relied upon a decision of the Supreme Court in Telco Convoy Drivers Mazdoor Sangh and Another
Vs. State of Bihar and Others, . In that case, the Supreme Court directed the Government to make a reference when the Government had
persistently declined to make a reference u/s 10(1) of the Industrial Disputes Act, 1947. It held that ""the Government while considering the
question whether reference should be made or not, cannot delve into merits of the dispute and determine the list itself.
5. In the circumstances, the respondent is directed to refer the matter to the Labour Court for adjudication.
6. The writ petition is disposed of accordingly- No costs. Advocate''s fee Rs. 250/-.
