Jaswant Rai JaIn Vs. Surinder Pal Singh Bhattal and anr. - Court Judgment

Excerpt:

.....refusal to make a reference of a dispute is unjustified. in such a case, court may direct government to make a reference. in the present case, in writ petition filed by respondent employees association challenging circular issued by central government refusing to abolish and prohibit contract labour in establishments of appellant company, said association admitting certain issues could not be decided in writ petition. high court thereafter issuing orders directing reference of industrial dispute, framing questions to be decided by industrial tribunal in reference, granting interim protection to workers and passing detailed directions for continuation etc. of the interim relief is impermissible. high court ought not to have given the directions in the manner done and should have left the respondent association to avail the remedy available under the industrial disputes act, 1947. reference was quashed and respondent association was permitted to move the appropriate government to consider if any reference was called for. the text below is only a summarized version of the order pronouncedthe high court is directed to prosecute the petitioner, as the court had concluded that the lease deeds produced by the petitioner were fabricated.

Judgment:

The Text below is only a summarized version of the order pronounced

The High Court is directed to prosecute the petitioner, as the court had concluded that the lease deeds produced by the petitioner were fabricated.