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Ramruch Pande And Ors. vs State Of Maharashtra And Ors. on 8 March, 2002 cites

Telco Convoy Drivers Mazdoor Sangh & Anr vs State Of Bihar & Ors on 28 April, 1989

6. The appropriate Government after considering the report submitted by the Conciliation Officer under Sub-section (4) of Section 12 of Industrial Disputes Act found that the union has not substantiated its demand and therefore, was of the view that no case for reference under Section 12(5) is made out. We are afraid, the approach of the appropriate Government cannot be justified as it is not open to the appropriate Government to go into the merits of the demand while considering the question whether industrial dispute between the employer and employee needs to be referred for adjudication or not. It does seem in the present case that the State Government considered the merits of the claim and then found that the union failed to substantiate its demand and because of that it refused to refer the industrial dispute for adjudication. We need not multiply the decisions, suffice, however, to observe that in Telco Convoy Drivers Mazdoor Sangh (supra) the Apex Court held that while exercising power under Section 10(1) of the Act, the function of the appropriate Government is an administrative function and not a judicial or quasi-judicial function and that in performing this administrative function the Government cannot delve into the merits of the dispute. It is where the appropriate Government erred. In the circumstances, the writ petition deserves to be allowed and the industrial dispute needs to be referred.
Supreme Court of India Cites 9 - Cited by 294 - M M Dutt - Full Document
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