(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dt. 31.07.2003 Annex.7 passed by the respondent Union of India declining to make reference on the ground that the workman has not worked for 240 days in a year and the workman was given an opportunity to appear before duly constituted Board of Officers, but he did not appear and therefore, the industrial dispute is not maintainable.
(2.) I have heard learned Counsel for the parties.
(3.) ON these premises, it has been held that refusal to make reference with reference to observation that no case existed for judicial determination is improper.