A COMMENTARY ON SECTION 10 OF THE INDUSTRIAL DISPUTES ACT

AUTHOR – ANNAPURANNI RAMESH & ABHINEETH SARAVANAN, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ANNAPURANNI RAMESH & ABHINEETH SARAVANAN, A COMMENTARY ON SECTION 10 OF THE INDUSTRIAL DISPUTES ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 276-281, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

§ 10 of the Industrial Disputes Act (“ID Act”) plays a multi-purpose role within the context of Industrial Disputes. It specifies the many criteria and circumstances under which the appropriate government may make or refuse to make a reference. The provision states that if the appropriate government believes an industrial dispute exists or is imminent, it may refer the issue to a board, a court of enquiry, or a labour court for settlement, enquiry, or adjudication at any time through a written order.^[1] The pivotal position of the section begs many questions which this paper seeks to answer through established holdings of the Indian Judiciary. Some of the several issues that will remain the key topics of discussion are:

• Is it possible for the government to refuse to refer a labour dispute?
• Is there any time-based limitation on when an industrial dispute can be referred?

These questions revolve around the primary question of how much discretionary power does the government have and how much should it have?

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[1] The Industrial Disputes Act, § 10, No. 14, Acts of Parliament, 1947.