- (1.) This appeal has been filed against an order dated 9th December, 1991 passed by a learned Judge of this court during the pendency of the writ application filed on behalf of the writ petitioner-respondent No. 1. It appears that a grievance has been made on behalf of the writ petitioner-respondent that his services have been illegally terminated by the appellant-Steel Authority of India Limited.
(2.) The learned Judge by the impugned order, has directed the respondent authorities to refer the dispute relating to the illegal termination of the petitioner's service before the appropriate tribunal within the time fixed in the said order.
(3.) In view of Section 10 of the Industrial Disputes Act (hereinafter referred to as the Act) if the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may refer such dispute to any court or tribunal, for adjudication. It has been pointed out in several judgments by the Supreme Court that this power has to be exercised by the appropriate government in accordance with the requirements of Section 10 of the Act and before making such reference the appropriate government must be satisfied that an industrial dispute exists within the meaning of the Act. Reference in this connection may be made to the judgments of the Supreme Court reported in (The State of Madras v. C. P. Sarathy and Anr.) and (Shambu Nath Goyel v. Bank of Baroda). In these very judgments it has been pointed out that such an order of reference should not be examined by the court very closely to see whether there was any material before the government to support its conclusion. Although the aforesaid judgments are not very relevant to the question with which we are concerned because here the learned trial Judge has directed the respondents to refer the dispute to the appropriate tribunal without examining the question whether any industrial dispute exists within the meaning of the Act. It may be pointed out that in the present case neither the appropriate government had any occasion to examine that question nor the court itself had examined that aspect of the matter.;