Terms of reference

Prashant C Chaudhari (Querist) 16 November 2011 This query is : Resolved
if any unauthorized officer of the appropriate government sign/refer any industrial dispute to the concerned tribunal or the labour court then whether the concerned tribunal or the labour court can verify/decide the validity of the reference upon any application in that regard preferred by either of the parties?

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H. S. Thukral (Expert) 16 November 2011
Industrial Tribunal/ Labour Court can decide whether there exists any industrial dispute or not and pass an award accordingly. Precisely the court can look into whether there is an espousal of the dispute, the employer is Industry, the employees are workmen etc.

M.Sheik Mohammed Ali (Expert) 16 November 2011
yes, i do agree expert query reply

Guest (Expert) 16 November 2011
Please intimate, whom do you consider the authorised officer of the appropriate Government and who signed/referred industrial dispute, whom you consider unauthorised officer, and the ground for that?

Unless you are specific in your query, you may probably have to encounter contradictory opinions from the experts.

Sankaranarayanan (Expert) 16 November 2011
well said by mr harbhajan singh

Rajeev Kumar (Expert) 16 November 2011
Well replied by Harbhajan

prabhakar singh (Expert) 16 November 2011
Mr. Harbhajan Singh Thukral has very crisply
explained.

Kirti Kar Tripathi (Expert) 17 November 2011
An reference is always made on behalf of appropriate Government and reference order is merely a communication of the opinion of the government. This communication can be made by any officer of the appropriate government. In case, such opinion is not formed by the appropriate government, this can be challenged but if it is a communication of the opinion of the appropriate government, no fruitful result will come out.

H. S. Thukral (Expert) 17 November 2011
As a matter of fact the appropriate government has no power to adjudicate the dispute. It has to form an opinion honestly as to existence of the dispute and then exercise a discretion to refer it or not. If not then party affected can take recourse to Writ of mandamus. If it is referred then an issue can be raised and decided by the Labour Court. However all the issues in the dispute including its validity would be decided together and a preliminary issue shall not be decided alone on an application of either party.

Kirti Kar Tripathi (Expert) 18 November 2011
Mr. Harbhajan Singh has completed my reply.

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