Due to dissatisfaction among workers, wage-related concerns and working conditions, a group of employees formed a trade union and submitted a charter of demands seeking revision of wages and improvements in leave benefit

CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · December 2025
Due to dissatisfaction among workers, wage-related concerns and working conditions, a group of employees formed a trade union and submitted a charter of demands seeking revision of wages and improvements in leave benefits to Managing Director of Maharaja Jet Airways. The management did not recognize the union, claiming that a welfare committee was already addressing grievances. In protest, the trade union approached the Labour Officer, who forward the matter to Conciliation Officers. Since long, there being no resolution, the state government, in the interest of the industry, referred the matter to the Industrial Tribunal for settlement of the disputes. The tenure of the tribunal is 2 months. Maharaja Jet Airways opposed the decision of the Government, contesting that as the proceeding for conciliation is pending, the matter cannot be referred to the Industrial Tribunal. In view of above, answer the following: Whether Government can refer the matter to Industrial Tribunal without waiting for conclusion of conciliation proceeding ?

Answer & Explanation:

Section 10(1) of the Industrial Disputes Act, 1947 provides the powers of appropriate Government to make a reference, has been the favoured subject of judicial interpretation. In the case of Western India Match Co. Ltd. v. Workmen , it was held that it is not mandatory for the appropriate Government to wait for the outcome of the conciliation proceedings before making an order of reference. The expression "the appropriate Government at any time may refer" takes effect in such cases where the Government decides to make a reference without waiting for conciliation proceedings to begin or to be completed. Thus, the Government can refer the matter to the Industrial Tribunal without waiting for conclusion of conciliation proceedings.

Topics: Industrial and Labour Laws

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