The government is not competent to adjudicate dispute on merits under the Industrial Disputes Act, 1947

The employee was engaged as Jalsevak in 2008. Later in 2009 he was dismissed from service by the order of the Ministry of Labour, Government of India (“Respondent”) without any notice or affording any opportunity of hearing. The employee made an application before the conciliation officer for conciliation of dispute under the Industrial Disputes Act, 1947, which was rejected by the government. The Rajasthan High Court in S.B. Civil Writ Petition No. 13929/2010 by relying on the decision of Supreme Court in Telco Convoy Drivers Mazdoor Sangh and another v. State of Bihar and Others 1989 (3) SCC 271 held that the government while making reference of industrial dispute is entitled to form an opinion as to whether an industrial dispute “exists or is apprehended” but is not entitled to adjudicate the dispute itself on its merits. The question whether the person raising the dispute was a workman or not cannot be decided by the government, in exercise of its administrative function under Section 10(1) of the IDA.