Facts of the Case
A dismissed employee raised an individual industrial dispute relating to his termination and requested the State Government to refer the dispute to the Labour Court for adjudication under the Industrial Disputes Act, 1947. The State Government refused to make the reference on the ground that the employee did not fall within the definition of a “workman” under Section 2(s) of the Act. Aggrieved by this refusal, the employee seeks legal advice on the remedies available to challenge the decision of the State Government.
Issues in the Case
- Whether the State Government has absolute power to refuse reference of an industrial dispute.
- Whether the determination of “workman” status can be conclusively decided by the State Government.
- Whether the dismissed employee has any remedy against the refusal to refer the dispute.
Legal Principles Covered to Support Case Proceedings and Judgements
Under Section 10 of the Industrial Disputes Act, 1947, the appropriate government has administrative power to refer disputes for adjudication. However, it cannot decide disputed questions of fact or law conclusively. Courts have held that whether an employee is a “workman” under Section 2(s) is a matter for adjudication by the Labour Court or Industrial Tribunal. The State Government’s refusal can be challenged under Article 226 of the Constitution of India if it is arbitrary or based on erroneous grounds.
Possible Judgement / Advice
The employee should file a writ petition before the High Court challenging the refusal of reference. The court may set aside the government’s decision and direct it to refer the dispute to the Labour Court for proper adjudication. The Labour Court will then determine whether the employee qualifies as a workman and decide the legality of the dismissal.
About Lawgnan
Wrongful refusal of dispute reference can deprive an employee of access to justice under labour laws. If your termination dispute has been rejected by the government on technical grounds, legal remedies are still available. Understanding your status under the Industrial Disputes Act and approaching the correct forum is crucial. Visit lawgana.in to gain expert legal insights on labour disputes, writ petitions, and employee rights under Indian law. Our resources help employees and practitioners navigate complex labour law issues and ensure fair adjudication. Stay informed, take timely action, and protect your legal rights with reliable guidance.
