AIR 1958 ANDHRA PRADESH 276 ::(1958) 1 LabLJ 20 ::1957 AndhLT 921 ::(1957) 2 Andh WR 335

Andhra Pradesh High Court

Hon'ble Judge(s): P. Satyanarayana Raju , J

(A) Industrial Disputes Act (14 of 1947) , S.10(1)— Government of Madras declining to make reference of labour dispute - Power of Andhra Government, its successor, to make reference after consideration of subsequent events. Constitution of India , Art.226— Where after the Government of Madras had declined to make a reference of a labour dispute, the Government of Andhra, its successor, after consideration of the subsequent events, came to the conclusion that there was a dispute which must be referred for the decision of the Tribunal and accordingly made the reference under S. 10 (1). the fact "that the Government of Madras declined to make a reference does not invalidate the order of reference made by the Government of Andhra. The order passed by the Government of Madras is an administrative order and is neither a judicial nor a quasi-judicial order. It was open to the Government of Andhra to take into account the subsequent happenings and circumstances and in the event of their being satisfied that there was a dispute, to make a reference under S 10 (1). Anno : AIR Com., Constitution of India, Art. 226 N. 164, 165. (B) Industrial Disputes Act (14 of 1947) , S.10(1), S.12(5)— Power of Government to make reference u/S.10 (1) is independent of S.12. ....