Tamil Nadu Tobacco Company Ltd. vs Deputy Inspector General of Police and Others

B. Subhashan Reddy, C.J.—This writ appeal is directed against the order of the learned single Judge in a matter arising out of Section 10 of

the Industrial Disputes Act, 1947. The factory run by the appellant is sought to be shifted to a distance of 50 kms from the existing place. A

reference is sought for on the ground that the said attempt to shift is an attempt to retrench the workmen under the guise of shifting to a far off

place, and that in fact the place where the appellant''s factory is being run belongs to the appellant, while the place which is chosen for shifting to at

a distance of 50 km. is a rented one. There cannot be any exception to the agitation of the employees seeking a reference. But there cannot be any

positive direction to the Government to refer the matter u/s 10 of the Act. We are satisfied that circumstances exist to raise a cause for industrial

dispute and the Government should exercise its power u/s 10 of the Act, and we cannot pre-empt the Government from exercising such power.

But it is needless to mention that exercise of such power u/s 10 of the Act should be based on relevant considerations. It is also not out of context

to mention that should the Government decide on extraneous considerations, it cannot be a cause for Judicial review. Keeping this in mind the

Government has to decide the plea for reference made by the workmen within a period of 30 days from the date of receipt of copy of this order.

We make it clear that until such decision is to be taken by the Government, the factory shall be run only at the existing place. At this juncture, Mr.

G. Narayanan, learned senior counsel appearing for the appellant submits that the factory has been closed from the midnight intervening March 21

and 22, 2002. But we do not take cognizance of such a closure. The factory which is said to have been closed shall be reopened forthwith. The

writ appeal is disposed of accordingly. Consequently, the connected miscellaneous petitions are closed.