TMI Blog1995 (12) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... , (1) whether the State should hear Section 10 of Industrial Disputes Act, 1947 (for short, 'the Act') since it was rejected on an earlier occasion; and (s) whether there is an order of reference by the State Government so as to entitle the appellant to have the dispute adjudicated by the tribunal. 2. The facts are not in dispute. Way back in 1955, the appellant had joined the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 in CWP No. 2885/84, the High Court dismissed the writ petition. 3. The first question is whether the state should give a hearing to the employer before making a reference on second application, since on an earlier occasion, it was rejected. Section 10(1) of the Act provides that where an appropriate Government is of the opinion that any industrial dispute exists or is apprehended, it ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apprehended and then either to make a reference to the appropriate authorities or refuse to make the reference. Only on rejection thereof, the order needs to be communicated to the applicant. Nonetheless the order is only an administrative order and not a quasi-judicial order. When it rejects, it records reasons as indicated in Sub-section (5) of Section 12 of the Act. The appropriate Government i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to record reasons therein. Therefore, it is not necessary to issue notice to the employer nor to consider his objections nor to hear him before making a reference . Accordingly, we are of the view that the High Court was wholly wrong in its conclusion that before making reference on second application, it was incumbent upon the State Government to give notice to the employer and to give an oppo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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