1976 LAB. I. C. 285 ::31 Fac L R 305 ::ILR (1975) Cut 1458

Orissa High Court

Hon'ble Judge(s): G K Misra , C.J. AND S. K. Ray , J

(A) Industrial Disputes Act (1947). , S.2 (k),, S. 2-A,, S. 10 (1), S.10 (2)— Orissa Industrial Disputes Rules. 1959. , Rule 3— - 'Industrial Dispute' - Meaning of. Before an 'industrial dispute' can be said to exist between a workman and the Employer-management, there must be a demand by the workman before the management as required by Rule 3. Only if a dispute exists between employer and workmen, a reference can be made by the State Government under Section 10 (1) for adjudication of the dispute by the Tribunal. In the absence of such a dispute if the Government is still of opinion that a dispute exists, the opinion so formed is without materials and the exercise of power by way of reference is without jurisdiction.(Para 8 9) A reference under Section 10 (5) or under S. 12 (4) and (5) would be without jurisdiction unless an industrial dispute exists between the employer and the workmen after the workmen make a demand before the management. 1968 Lab IC 526 (SC). 1970 Lab IC 421 (Delhi). 1972 Lab IC 676 (SC). Rel. on: (1974) 2 Lab LJ 6 (Ori). 1970 Lab IC 1119 (Pat). Dist.(Para 10) Section 2-A does not alter the definition of 'industrial dispute' in Section 2 (k).(Para 11) (B) StateIndustrial Disputes ....