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    <title>1989 (4) TMI 342 - Supreme Court</title>
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    <description>Under Section 10(1) of the Industrial Disputes Act, the appropriate Government acts administratively and may only form an opinion on whether an industrial dispute exists or is apprehended. It cannot decide the merits of the dispute, including whether the convoy drivers were workmen or employees in an employer-employee relationship; those questions belong to the Industrial Tribunal. A refusal to refer the dispute based on such merits-based determination was therefore unsustainable, and the matter had to be referred for adjudication. The administrative orders were set aside and reference directed.</description>
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      <title>1989 (4) TMI 342 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=456894</link>
      <description>Under Section 10(1) of the Industrial Disputes Act, the appropriate Government acts administratively and may only form an opinion on whether an industrial dispute exists or is apprehended. It cannot decide the merits of the dispute, including whether the convoy drivers were workmen or employees in an employer-employee relationship; those questions belong to the Industrial Tribunal. A refusal to refer the dispute based on such merits-based determination was therefore unsustainable, and the matter had to be referred for adjudication. The administrative orders were set aside and reference directed.</description>
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      <pubDate>Fri, 28 Apr 1989 00:00:00 +0530</pubDate>
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