- (1.) Heard both sides.
(2.) The order impugned in this writ petition is the order of the Central Government by virtue of which the Government has refused to make reference in relation to the dispute raised by the Union of the vorkman. The order passed by the Central Government is in the following terms: It is reported that workmen were employed through contractors. The Apex Court vide their judgment in Dina Nath v. NFL case, 1992 LabIC 75 has held that contractor workers cannot be deemed to be employees of principal employer.
(3.) The learned Counsel for the Petitioner urges that the findings of the appropriate Government are the findings, which are beyond the scope of the powers, conferred on it and he places reliances on a case decided by the Hon'ble Supreme Court in the case of Telco Convoy Drivers Mazdoor Sangh and Anr. v. State of Bihar and Ors., 1989 AIR(SC) 1565 and places reliance on paragraph No. 13. which reads as under:- Attractive though the contention is. we regret, we are unable to accept the same. It is now well settled that, while exercising power under Section 10(1) of the Act, the function of the appropriate Government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative function, the Government cannot delve into the merits of the dispute and take upon itself the determination of the lis, which would certainly be in excess of the power conferred on it by Section 10 of the Act.;