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TMI Blog2000 (1) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 101 of the Industrial Disputes Act (for short the 'Act'). The refernce of the Industrial dispute was as Follows:- "Whether the action of the management of Nedungadi Bank Ltd. in dismissing Shri K.P. Madhavankutty from service w.e.f. 11.8.1972 is justified? If not, to what relief the workman concerned is entitled to?" __________________________________________________________________________ 1. Reference of disputes of Board, Courts or Tribunals. - (1) Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing, - (a) ..... (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ire circumstances it was felt that in the interest of the Bank it was not desirable to retain the respondent in the service of the Bank. The matter rested at that. Respondent got whatever benefits were due to him under the rules of the Bank. Then, after a period of about seven years respondent served a notice on the Bank contending that he was discriminated as two other employees of the Bank under similar situation were reinstated in the service of the Bank. A notice was received by the Bank from the lawyer of the respondent on January 17, 1980 wherein it was demanded that respondent be reinstated. The ground was that two other employees, who were dismissed, were later reinstated. Respondent in the meanwhile filed an application before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the direction of the learned single judge is capable of being interpreted as a command to the Central Government to make a reference under Section 10. It was also submitted that it is likely to be understood as conveying that the Central Government should not take into consideration all that has happened before the third respondent chose to set the industrial law into motion. We are inclined to take the view that there is no justification for this apprehension. The Central Government is required to examine as to whether an industrial dispute exists as on the date on which it is called upon to make the reference and as to whether, in the circumstances, it is expedient or not to make the reference. For this purpose it will be well within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed of. No costs." Now the Central Government made the reference which has been reproduced above. This time the bank felt aggrieved and challenged the reference by filing writ petition, which by order dated January 24,1995 was allowed by the learned single Judge and on appeal filed by the respondent Division Bench validity of the reference was upheld. Law does not prescribe any time limit for the appropriate government to exercise its powers under Section 10 of the Act It is not that this power can be exercised at any point of time and to revive matters which had since been settled Power is to be exercised reasonably and in a rational manner. There appears to us to be no rational basis on which the Central Government has exercised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not become industrial dispute and appropriate government cannot in a mechanical fashion make the reference of the alleged dispute terming as industrial dispute. Central Government lacked power to make reference both on the ground of delay in invoking the power under section 10 of the Act and there being no industrial dispute existing or even apprehended. The purpose of reference is to keep industrial peace in an establishment. The present reference is destructive to the industrial peace and defeats the very object and purpose of the Act. Bank was justified in thus moving the High Court seeking an order to quash the reference in question. It was submitted by the respondent that once a reference has been made under Section 10 of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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