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TMI Blog1978 (2) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... absence of any demand having been made by the concerned workman on the respondent bank and consequently no industrial dispute having come into existence the Government was not competent to refer the dispute to the Tribunal for adjudication. 2. S. N. Goyal, workman was a clerk in the Bank of Baroda, B.O. Civil Lines, Jullundur City. A charge-sheet dated 31st July, 1965 was served upon him whereafter an inquiry into charges was held and ultimately the workman was dismissed from service, against which the workman unsuccessfully appealed. The industrial dispute arising out of the dismissal of the workman was espoused by Punjab Bank Workers Union. On the failure recorded by conciliation officer, Government of India made the referen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... difference between the parties contemplated by the definition and the disputes or difference is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person there comes into existence an industrial dispute. The Act nowhere contemplates that the dispute would come into existence in any particular, specific or prescribed manner. For coming into-existence of an industrial dispute a written demand is not a sine qua non, unless of course in the case of public utility service, because Section 32 forbids going on strike without giving a strike, notice. The key words in the definition of industrial dispute are 'dispute' or 'difference'. What is the connotation of these two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Section 10(1) on the Government to refer the dispute can be exercised not only where an industrial dispute exists but when it is also apprehended. From the material placed before the Government, Government reaches an administrative decision whether there exists an industrial dispute or an industrial dispute is apprehended and in either event it can exercise its power under Section 10(1). But in making a reference under Section 10(1) the Government is doing an administrative act and the fact that it has to form an opinion as to the factual existence of an industrial dispute as a preliminary step to the discharge of its function does not make it any the less administrative in character. The Court cannot therefore, canvass the order of ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the Tribunal with the cautions enunciated in C. P. Sarihy's case (Supra). In the case before us, it can be shown from the record accepted by the Tribunal itself that there was in existence a dispute which was legitimately referred by the Government to the Industrial Tribunal for adjudication. Undoubtedly, it is for the Government to be satisfied about existence of the dispute and the Government does appear to be satisfied. However, it would be open to the party impugning the reference that there was no material before the Government, and it would be open to the Tribunal to examine the question, but that does not mean that it can sit in appeal over the decision of the Government and come to a conclusion that there was no materi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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