The case involves a dispute between the Petitioner, who terminated the Respondents' services, and the Respondents, who claimed illegal termination and raised an industrial dispute. The Petitioner challenged the order of Reference made by the appropriate Government, citing delays and the absence of an existing industrial dispute. The court reviewed arguments from both parties, the legislative framework under the Industrial Disputes Act, 1947, and relevant judicial precedents. The court concluded that an industrial dispute existed when the Reference was made and dismissed the Writ Petitions, allowing the Labour Court to adjudicate the matter on its merits.

Introduction

1. Rule Made Returnable Forthwith
   • Respondents waived service.

Background

2. Respondents' Termination and Demand
   • Termination of Respondents' services led to an industrial Reference.
3. Petitioner's Manufacturing Plant Closure
   • Plant closure and retrenchment notices issued in 2001.

Legal Proceedings

4. Unfair Labour Practices Complaint

   • Industrial Court found Petitioner engaged in unfair labour practices.

5. Petitioner's Application and Respondents' Demand

   • Petitioner applied for No Objection in 2015; Respondents raised demands.

6. Conciliation and Reference to Labour Court

   • Failure report led to Reference for adjudication.

7. Petition to Quash Reference

   • Petitioner sought to quash the Reference order.

Arguments

8. Hearing of Counsel
   • Arguments presented by both parties and Government Pleader.

Petitioner's Contentions

9. Delay and Non-Existence of Industrial Dispute
   • Claims raised by Petitioner regarding delay and lack of existing dispute.

Respondents' Defense

10. Existence of Industrial Dispute
    • Respondents contended the dispute still existed and should be decided by Labour Court.

Judicial Considerations

11. Rival Contentions

    • Consideration of arguments from both sides.

12. Legislative Framework

    • Provisions of Industrial Disputes Act, 1947 explained.

13. No Limitation Period for Reference

    • Judicial precedents on delay and existence of industrial dispute.

14. Supreme Court Decisions

    • Summary of relevant Supreme Court rulings.

Analysis

15. Legislative Intent and Industrial Dispute Settlement

    • Interpretation of Act to advance legislative intent.

16. Existence of Industrial Dispute

    • Examination of whether a dispute existed at the time of Reference.

17. Merits of Respondents' Case

    • Understanding Respondents' arguments based on the notice and plant transfer.

18. Respondents' Affidavit

    • Affidavit and Industrial Court judgment provided by Respondents.

19. Respondents' Case Summary

    • Detailed summary of Respondents' case and history.

20. Petitioner's Notice and Promise

    • Notice indicating possible plant restart considered by Respondents.

21. Different Factual Situation

    • Differentiation from other cases cited by Petitioner.

22. Industrial Dispute Existence

    • Confirmation that a dispute existed when the Reference was made.

23. No Prejudice to Petitioner

    • No demonstrated prejudice to Petitioner.

24. Merits to be Decided by Labour Court

    • Arguments to be presented before Labour Court.

Conclusion

25. Industrial Peace and Balance

    • Importance of balancing interests to maintain industrial peace.

26. No Interference with Reference Order

    • Decision that no interference is warranted with the Reference order.

27. Dismissal of Writ Petitions

    • Writ Petitions dismissed with no order as to costs.