In which one of the following cases is it mandatory for the appropriate Government to make reference of an industrial dispute for adjudication/settlement to the Industrial Tribunal/Labour Court/Arbitration ?
A dispute regarding compensatory allowance in respect of 50 workmen
A dispute relating to rules of discipline in the organization employing 100 workmen
An industrial dispute involving any question of national importance
An industrial dispute in a municipality
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2018
– However, the proviso to Section 10(1) mandates the government to make a reference (“shall”) if the dispute relates to a public utility service and a notice under Section 22 has been given.
– A municipality is often listed as a public utility service in Schedule I of the Industrial Disputes Act, 1947 (e.g., services relating to sanitation, water supply).
– While the option doesn’t explicitly state that notice under Section 22 was given, among the given options, a dispute in a municipality is the only one that involves a public utility service, which is the condition that triggers mandatory reference *if* the other condition (notice) is met. The other options describe types or sizes of disputes that do not automatically mandate reference.
– Disputes of national importance (C) can be referred to a National Tribunal, but the reference is discretionary (“may”), not mandatory (“shall”), based solely on national importance.
– Therefore, a dispute in a municipality (a public utility service) is the scenario where mandatory reference is potentially applicable, assuming the required procedural conditions (like notice) are fulfilled.