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TMI Blog2006 (7) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Government of Andhra Pradesh. The Nutrition Council is registered under the Andhra Pradesh (Telengana Area) Public Societies Registration Act, 1350 (Act 1 of 1350 Fasli). The principal object is to provide and supply nutritious foods to school and pre-school children, pregnant women and lactating mothers and such other categories of beneficiaries as the Government from time to time decide within the general framework of the Government social welfare programmes. It is claimed to be a non-profit motive establishment. It does not sell or distribute its product either in public or to outsiders except those selected by the Government of Andhra Pradesh under its programmes. In April, 1982 a question arose regarding demand of payment of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oyees shall stand withdrawn until further orders. Employees of the appellant-establishment sent representations to the Minister of Labour regarding stoppage of ex-gratia payment. Ministry of Labour by communication in December, 1995 indicated that employees are not entitled to ex-gratia with effect from November, 1993 onwards in view of the guidelines issued by the Government. A Writ Petition was filed by 243 employees making grievance that the stoppage of ex- gratia/bonus was unauthorized and contrary to law. Said writ Petition was allowed by a learned Single Judge. It was submitted that the question whether the employees were entitled to bonus is an industrial dispute and the writ petition should not be entertained. Learned Single Judge t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in competition with an establishment in private sector and the income from such sale or services or both is not less than twenty per cent of the gross income of the establishment in public sector for that year, then, the provisions of this Act shall apply in relation to such establishment in public sector as they apply in relation to a like establishment in private sector. (2) Save as otherwise provided in Sub-section (1), nothing in this Act shall apply to the employees employed by any establishment in public sector. Section 22 : Reference of disputes under the Act Where any dispute arises between an employer and his employees with respect to the bonus payable under this Act or with respect to the application of this Act to an e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kamlekar Shantarum Wadke (1975)IILLJ445SC , Rajasthan SRTC v. Krishna Kant (1995)IILLJ728SC , Chandrakant Tukaram Nikam v. Municipal Corporation of Ahmedabad and Anr. (2002)ILLJ842SC and Scooters India and Ors. v. Vijai V. Eldred (1998)6SCC549 . 5. In Rajasthan SRTC case (Supra) it was observed as follows: A speedy, inexpensive and effective forum for resolution of disputes arising between workmen and their employers. The idea has been to ensure that the workmen do not get caught in the labyrinth of civil courts with their layers upon layers of appeals and revisions and the elaborate procedural laws, which the workmen can ill afford. The procedure followed by civil courts, it was thought, would not facilitate a prompt and effective d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sweep industrial disputes of the kind which this contention seeks to raise. Therefore, without expressing any opinion on the merits of the contention, we would confirm the finding of the High Court that the proper remedy which is available to the appellants to ventilate their grievances in respect of the said notices and circulars is to take recourse to Section 10 of the Industrial Disputes Act, or seek relief, if possible, under Sections 74 and 75 of the Act. 7. The inevitable conclusion, therefore, is that both learned Single Judge and the Division Bench have failed to consider the basic issues. In the normal course we would have left it to the respondent to avail appropriate remedy under the Act. The above aspects were highlighted in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, it is for the State Government to take a decision in the matter of reference when a dispute is raised, the direction as noted above has been given in the circumstances indicated above. 9. In some cases, this Court after noticing that refusal by appropriate Government to refer the matter for adjudication was prima facie not proper, directed reference instead of directing reconsideration. (See Nirmal Singh v. State of Punjab (1984)IILLJ396SC , Sankari Cement Alai Thozhilalar Munnetra Sangam v. Management of India Cement Ltd., V. Veerarajan and Ors. v. Government of Tamil Nadu and Ors. (1987)ILLJ209SC , Sharad Kumar v. Govt. of N.C.T. of Delhi (2002)IILLJ275SC . 10. The parties shall be permitted to place materials in support of their ..... X X X X Extracts X X X X X X X X Extracts X X X X
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