PREM KAKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) -This appeal by special leave turns on the question whether the State can be asked by a writ of mandamus to make a reference under Section 10 (1) of the Industrial Disputes Act (hereinafter referred to as the Act).

(2.) The appellant was employed by the respondent company Hindustan Dowidat Tools Ltd. The services of the appellant were terminated on 4 September, 1972. The Conciliation Officer started conciliation proceedings under Section 12 of the Act. No settlement could be arrived at. The Conciliation Officer sent a report to the State Government under Section 12(4) of the Act. The State Government by letter dated 7 June, 1973 informed the appellant that the Government had considered the appellant's case (supra) not fit for reference to the Labour Court for adjudication.

(3.) The Government in the letter stated as follows: