155 of 1998 was affirmed.
The Government did number act, therefore, respondent No.
Again respondent No.
2000 1 SCR 787 The Judgment of the Court was delivered by PHUKAN, J. Leave granted.
1 was number a workman.
By order dated 14th July, 1998 the Government companymunicated its decision in writing wherein it regretted its inability to make a reference as respondent No.
1 was a workman.
A failure report dated 2nd July, 1997 was submitted by the Joint Labour Commissioner recommending a reference, as according to him, the question whether respondent No.
On 27th November, 1995, respondent No.
He companyplained of his dismissal to Labour Commissioner, Government of West Bengal.
Conciliation proceedings under Section 12 of the Industrial Disputes Act, 1947 fur short the Act were held and appellant submitted its companyments stating that respondent No.
1 was dismissed from service for disobeying an order of transfer.
1 was number a workman.
Mr, Dipankar Gupta, learned companynsel for the appellant relying on the decision of this Court in State of Madras v. C.P. Sarathy and Anr.,
1 moved Calcutta High Court.
Hence this appeal.
The High Court directed the Government to take a decision under Section 12 5 of the Act within the time fixed.
The appeal filed by the appellant was dismissed by the impugned judgment and the State Government was directed to make an appropriate reference, keeping in view the nature of the dispute raised by respondent No.
Briefly stated facts are as follows Respondent No, 1 was employed as Joint Secretary of India Tea Association appellant.
1 was a workman required adjudication.
1 moved the High Court against the said order of State Government.
1953 4 SCR 334 has urged that while discharging its function under Section 10 1 of the Act, Government was performing an administrative act, therefore, Court companyld number have companye to the finding that the refusal to refer the matter was bad.
The learned single Judge directed the appropriate Government to make a reference as to whether the respondent No.
This appeal is directed against the judgment and Order dated 17th March, 1999 of the Calcutta High Court in appellate jurisdiction whereby order of the learned single Judge dated 24th July, 1998 passed in W.P. No.
The learned single Judge directed the State Government to make reference under Industrial Disputes Act, 1947.
