LABOUR COMMISSIONER Vs. HET RAM

JUDGEMENT

(1.) THE short question involved in this appeal is whether the State Government was justified in refusing to refer the Industrial dispute raised by the petitioner -workman.

(2.) THE learned Single Judge held that the State has no power to refuse to make a reference.

(3.) JUSTICE Surinder Singh concurred with the aforesaid opinion and the concluding portion of his opinion reads as follows: - Therefore, the appropriate Government has to be subjectively satisfied while forming an "opinion" such power has to be exercised reasonably and in a rational manner, whether a dispute exists or not. In case the answer is in positive, it has to refer the matter to Court/ Tribunal irrespective of time lapse, though, it would depend on the factual background of each case and no straight -jacket formula can be laid. Hence, I fully support the view taken by Brother Justice Deepak Gupta.