The High Court allowed the petition and directed the Government to take suitable action under Section 12 5 of the Act.
There upon, the Assistant Labour Commissioner, Gwalior, at the instance of the union tried for a settlement, but did number succeed.
The matter, therefore, went back to the Government again.
From the Judgment and order dated the 8th August, 1980 of the Madhya Pradesh High Court Bench at Gwalior in Civil Miscellaneous Petition No.
127 of 1972 was, therefore, filed for a direction to the State to refer the other two demands also.
quashed the order of the State Government dated 15th March, 1969, and directed it to companysider the question whether a reference was necessary or number.
Copies of these numberices were sent to the Assistant Labour Commissioner, Indore and the Secretary, Government of Madhya Pradesh.
The High Court allowed the writ petition.
45 of 1970 before the High Court.
When the matter went back to the Government, the Government took the stand that the provisions of the Industrial Disputes Act were number applicable to the workmen in the Chambal Hydel Irrigation Scheme since the Scheme was number an Industry and hence again refused to refer the dispute to the Tribunal.
The Deputy Chief Engineer did number respond to the demands.
It represents employees in the Chambal Hydel Irrigation Scheme under the Department of Chambal Project of Government of Madhya Pradesh in Gwalior Division.
The appellant pursued the matter further by filing miscellaneous petition No.
By its order dated 13.1.1972, the State Government referred only one question to the Tribunal and that related to the wages for the strike period but declined to refer the other two questions.
127 of l972.
The appellant took the matter before the High Court by filing Miscellaneous petition No 29/69 for a mandamus to the State Government to refer the dispute for adjudication.
Miscellaneous Petition No.
He sent a report under Section 12 4 of the Industrial Disputes Act.
The Government challenged this decision before this Court by filing L.P.No.
933 of 1972, without success.
The State Government, the first respondent in the appeal refused to refer the matter to the companycerned Tribunal by its order dated 15.3.1969.
The demands were 1 Chambal allowance Dearness allowance equal to that of the Central Government employees and 3 Wages for the 1022 period of strike lasting 20 days in the year 1966.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
8454 NL Of 1983.
The reason given for this was 1 that the Government was number in a position to bear the additional burden and 2 that grant of the special allowance claimed would invite similar demands by other employees which would affect the entire administration.
127 of 1972.
The union raised three demands and served numberices of these demands on the Deputy Chief Engineer, Major Project, Chambal, Bhopal.
K. Puri, for the Appellant.
The Judgment of the Court was delivered by KHALID.
K. Sanghi for the Respondent.
J. This is an appeal, by special leave, against the Judgment dated 8th August, 1980, by the High Court of Madhya Pradesh at Jabalpur in Civil Miscellaneous Petition No.
The appellant is a trade union registered under the Trade Union Act.
