A Critical Dissection Of The Discretionary Power Of Reference Under Section 10(1) Of The Industrial Disputes Act, 1947
- IJLLR Journal
- Jul 31
- 1 min read
Nandini Goel, O.P. Jindal Global University
ABSTRACT
Introduced as a colonial tool to control worker unrest but later retained to preserve industrial peace, Section 10(1) of the Industrial Disputes Act, 1947, continues to cause ambiguity in its application. This paper critically evaluates the scope and limitations of this discretionary power by delving into its colonial roots and its evolution within the statutory frameworks of the Industrial Disputes Act and the Industrial Relations Code. The paper also traces its evolution with judicial decisions like the C.P. Sarathy case and the K.P. Krishnan case. It addresses the research gap of a lack of commentary done on how the reference power got codified to how it was done away with by way of the Industrial Relations Code. In doing so, the paper discusses the relevant provisions in the Industrial Relations Code and then delves into the question of whether the removal of the power is enough and what applicability and enforcement constraints can the Code face given the lack of infrastructure in the country.
Keywords: Industrial Disputes Act, Section 10(1), Power of Reference, Discretion, C.P. Sarathy, K.P. Krishnan, Industrial Relations Code.
