Ram Avtar Sharma & Ors. Etc vs State Of Haryana And Anr. Etc on 11 April, 1985
16. It has been already stated that we had given one
more chance to the Government to reconsider the
matter ,red the Government after reconsideration has
come to the same conclusion that the convoy drivers are
not workmen of TELCO thereby adjudicating the dispute
itself. After having considered the facts and
circumstances of the case and having given our best
consideration in the matter, we are of the view that the
dispute should be adjudicated by the Industrial Tribunal
and, as the Government has persistently declined to make
a reference under section 10(1) of the Act, we think we
should direct the Government to make such a reference.
In several instances this Court had to direct the
Government to make a reference under section 10(1) when
the Government had declined to make such a reference and
this Court was of the view that such a reference should
have been made. See Sankari Cement Alai Thozhilalar
Munnetra Sangam v. Government of Tamil Nnadu, [1983] 1
LLJ 460; Ram Avtar Sharma v. State of Haryana, [1985] 3
SCR 686; M.P. Irrigation Karamchari Sangh v. The State
of M.P. [1985] 2 SCR 1019 and Nirmal Singh v. State of
Punjab, [1984] 2 LLJ396."