AIR 2016 SUPREME COURT 2984 ::2016 Lab IC 3431 ::2016 (3) AKR 500 ::2015 (15) SCC 1 ::AIR 2016 SC (Civil) 2243 ::(2016) 4 AndhLD 175 ::(2016) 1 JCR 155 (SC) ::(2016) 4 KCCR 588

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): A. K. Sikri, R. F. Nariman , JJ

(A) Industrial Disputes Act (14 of 1947) , S.10— Reference - Power of appropriate Govt. - Satisfaction that there is existence or apprehension of industrial dispute - Is condition precedent - Order of reference based on no material, or non-application of mind or sans of consideration of vital facts - Open to judicial review. Constitution of India , Art.226— When the 'appropriate Government' makes a reference of an industrial dispute for adjudication, it does not decide any question of fact or law. The only condition, which the exercise of that power should satisfy, is that there should be the existence or apprehension of an industrial dispute. When once the Government is satisfied about this question, it acquires jurisdiction to refer the dispute for adjudication. However, the condition precedent to the formation of such opinion, that there should be an existing or apprehended 'industrial dispute' is imperative and the recitals of the existence or apprehension of the industrial dispute cannot preclude the Court to exercise its power of judicial review and to determine whether, in fact, there was any material before the 'appropriate Government' and if there was; whether the Government applied its mind in coming to the conclusion that an industrial dispute was in existence or was apprehended and it was expedient to make the reference. Therefore,....