- (1.) This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of certiorari quashing the order dated 8.9.2004 (P-5) passed by the Special Secretary, Haryana Government, Labour Department, Chandigarh exercising the powers of the appropriate government in its jurisdiction to consider making an industrial reference. The workman's demand notice dated 26.5.2003, has been declined by passing the following order :- "You are informed that the Government does not consider your case fit to refer to the Labour Court for decision, because it has been found on enquiry that you have not worked with the management. The employeremployee relationship of yours does not exists. Therefore, in this position, your demand notice is rejected."
(2.) Reason given for declining the reference is that on enquiry it has been found that no employer-employee relationship exists between the parties.
(3.) Learned counsel for the petitioner submits that the reason assigned in declining reference was irrelevant consideration and the appropriate government could not have entered into an enquiry on its own but ought to have left it to be decided by the Labour Court on a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short 'the Act').;