https://www.taxtmi.com/caselaws?id=757392 While considering a reference under Section 10(1) of the Industrial Disputes Act, 1947, the appropriate Government performs only an administrative function and cannot decide disputed questions on merits, such as the workman's status or the legality of termination. The refusal to refer was based on a merits assessment of the claim, including alleged short service and absence of documentary proof, even though the dispute also raised issues under Sections 25G and 25H requiring adjudication by the Labour Court or Industrial Tribunal. The refusal to make reference was therefore unsustainable, and the order was quashed with the matter remitted for reference. en-us Mon, 12 Aug 2024 00:00:00 +0530 Wed, 21 Aug 2024 15:02:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757392 While considering a reference under Section 10(1) of the Industrial Disputes Act, 1947, the appropriate Government performs only an administrative function and cannot decide disputed questions on merits, such as the workman's status or the legality of termination. The refusal to refer was based on a merits assessment of the claim, including alleged short service and absence of documentary proof, even though the dispute also raised issues under Sections 25G and 25H requiring adjudication by the Labour Court or Industrial Tribunal. The refusal to make reference was therefore unsustainable, and the order was quashed with the matter remitted for reference. Case-Laws Indian Laws Mon, 12 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757392