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    <title>2000 (2) TMI 868 - Supreme Court</title>
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    <description>The appropriate Government may, before making a reference under the Industrial Disputes Act, examine whether the employee is a &quot;workman&quot; under Section 2(s), because that basic condition must exist for a valid reference. Its decision under Section 10(1) is administrative and rests on subjective satisfaction as to the existence or apprehension of an industrial dispute. On the materials considered, the employee was treated as engaged in a managerial or administrative capacity, outside the statutory definition of workman, and no irrelevant or foreign consideration was shown. The refusal to refer the dispute was therefore upheld, and the High Court&#039;s mandamus directing a reference was set aside.</description>
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    <pubDate>Mon, 14 Feb 2000 00:00:00 +0530</pubDate>
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      <title>2000 (2) TMI 868 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=288022</link>
      <description>The appropriate Government may, before making a reference under the Industrial Disputes Act, examine whether the employee is a &quot;workman&quot; under Section 2(s), because that basic condition must exist for a valid reference. Its decision under Section 10(1) is administrative and rests on subjective satisfaction as to the existence or apprehension of an industrial dispute. On the materials considered, the employee was treated as engaged in a managerial or administrative capacity, outside the statutory definition of workman, and no irrelevant or foreign consideration was shown. The refusal to refer the dispute was therefore upheld, and the High Court&#039;s mandamus directing a reference was set aside.</description>
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