LexUNION OF INDIA versus SHREE GAJANAN MAHARAJ SANSTHAN
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A UNION OF INDIA v. SHREE GAJANAN MAHARAJ SANSTHAN APRIL 29, 2002 B (S. RAJENDRA BABU AND RUMA PAL, JJ.] Industrial Disputes (Amendment) Act, 1982-Section 2(c)-Writ petition seeking enforcement of the provision-Writ of mandamus issued by High Court c to take action for enforcement and to indicate the date therefor-On appeal- Held, in the circumstances of the case issuance of writ not justified-When enforcement of a provision left to the discretion of Government, no such writ could be issued-Industrial Disputes Act, 1947-Section 2(j)-Constitution of India, 1950-Articf.es 226 and 32. D Respondent a Charitable Organisation filed a writ petition before ........ High Court seeking writ of mandamus against Government to notify the date for bringing Section 2(c) oflndustrial Disputes (Amendment) Act, 1982 ~ into force, by which, definition of the term 'industry' was amended to the .. effect excluding 'charitable organisations' therefrom. .. E High Court issued writ of mandamus to Government to take action and to indicate a date for bringing into force the provision of the Amending Act. However, it was of the view that Government before notifying the date for bringing the provisions of the amending act into force, would have to examine the attending circumstances and such a power would not empower F the Government to decide whether to bring a particular provision into force or not. ;.. In appeal to this Court, appellant-Government filed an affidavit 1\-- stating therein that inspite of several attempts the amended Section could not be brought into effect in the absence of alternative grievance machinery G for employees in the 'charitable organisations' who would have been denied the protection of Industrial Disputes Act, 1947. The connected appeal and writ petitions were of identical nature. > ~ Partly allowing Civil Appeal No. 2727 of 1998 and dismissing the ' H 600 ~ - U.0.1. v. GAJANAN MAHARAJ SANSTHAN 601 connected appeal and Writ Petition, the Court HELD : I. When enforcement of a provision in a statute is left to the discretion of the Government without laying down any objective standards no writ of mandamus could be issued directing the Government to consider A the question whether the provision should be brought into force and when B it can do so. Delay in implementing the will of the parliament may draw adverse criticism but in view of the facts of the case, it cannot be said that the Government is not alive to the problem or is desirous of ignoring the will of the Parliament. 1607-B, CJ Aeltamesh Rein v. Union of India and Ors., 11988] 4 SCC 54 and A.K. C Roy v. Union of India and Ors., 1198211 SCC 271, relied on. In re the Delhi Laws Act, 1912, the Ajmet-Merwara (Extension of Laws) Act, 1947 and the Part C States (Laws) Act, 1950, 1951 SCR 747; Rajnarain Singh v. The Chairman, Patna Administration Com1nittee, Patna and Anr., 11955] I SCR 290; Hamdard Dawakhana, (Wakj) Lal Kuan, Delhi and Anr. D v. Union of India and Ors., 1196012 SCR 671; Suman Gupta and Ors. v, State of J & Kand Ors., 119831 4 SCC 339; Consumer Action Group and Anr. v. State of T.N. and Ors., 120001 7 SCC 425; Agricultural Produce Market Committee v. Ashok Harikuni and Anr., 120001 8 SCC 61 and Bangalore Water Supply & Severage Boardv. A. Rajappa and Ors., 1197812 sec 218, referred E to. 2. In the circumstances set out in the affidavit filed on behalf of the Government, it would not be feasible for Government to set out any definite day as to when they can take action and, therefore, the order made by the High Court car.not be given effect to at all. Though there has been a .sense of urgency on the part of the Government in this regard, it has not :ieen able to take a decision in the circumstances set forth in the affidavit. Hence, while noticing that appropriate action has to be taken by the Government to bring into effect the Amending Act, various circumstances which come F in the way of the Government to give effect to the Amending Act G immediately are also taken note of. That part of the order of the High Court by which writ of mandamus has been issued to the Government to take action and to indicate as to when it would be feasible to appoint a date for bringing into force the Amending Act stands deleted. In other respects, the order made by the High Court is maintJined. 1607-D-FI H 602 SUPREME COURT REPORTS [2002] 3 S.C.R. A CIVIL APPELLATE JURISDICTION
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