Power of appropriate government to refer apprehended industrial disputes under Section 10(1) of the Industrial Disputes Act, 1947

The power conferred upon the appropriate Government under Section 10(1) of the Industrial Disputes Act, 1947 enables it to refer a dispute for adjudication not only when an industrial dispute exists in praesenti, but also when such a dispute is apprehended. This statutory mechanism embodies the preventive objective of preserving industrial peace and pre-empting escalating unrest before strikes, lockouts, or severe disruptions materialize. The decision to make a reference is purely an administrative act grounded upon the subjective satisfaction of the Government based on the materials on record, rather than a judicial or quasi-judicial determination. Consequently, writ courts exercising powers of judicial review under Article 226 of the Constitution should refrain from examining the factual merits or expediency of the reference as if exercising appellate powers. Where the record demonstrates an apprehended disruption of industrial harmony, raising threshold preliminary objections to stall the reference negates the preventive intent of the enactment and improperly converts an urgent statutory remedy into an instrument of procedural delay. (M/S Premium Transmission Private Limited Vs The State of Maharashtra and Others | 2026 INSC 87).