ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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NEW DELHI- Engineering Industry Victim of Instant Modernisation

September 13, 1986 court." The judge thus held that, in the Reliance case, the government order refusing the reference had trespassed into the judicial realm, and thus quashed it. However, his judgment shied away from directing the government to make a reference, and instead asked the ministry to reconsider the issue and make a fresh order Pursuant to the above judgment, the then Minister of State for Labour, M O Kimrnatkar, called the company and the union for discussions on November 30, 1984 and after hearing both the parties, assured that an order for reference would be passed on the very same day. However, a few days later there was a volte face on the part of the state government, and the union was served with an order again rejecting reference. Having exhausted the other grounds for rejecting a reference, the government used the third ground listed by Justice Pendse, i e, "reference would lead to unrest in the industrial sphere". The order said "the making of any such reference would harm industrial relations between the company and the workmen" and "the spirit of tranquillity [!!] prevailing in the company would be affected".

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