Judgment

SHELAT J. :- On May 9, 1956 the appellant-company appointed respondent 3 as a foreman on probation for a period of six months. On expiry of that period the probationary period was extended from time to time and ultimately respondent 3 was transferred to the labour office of the company. On May 29, 1957, while respondent 3 was still serving his probationary period, the company terminated his service. The matter was thereupon taken up by respondent 1 before the Regional Conciliation Officer, Bareilly, who registered the case as Case No. 83B/57. For the reasons hereinafter stated, no conciliation could be arrived at and the State Government declined to make a reference for adjudication under the U. P. Industrial Disputes Act, 1947 (hereinafter called the Act). On the said refusal respondent 3 filed a writ petition in the High Court for a mandamus. The High Court dismissed the petition on the ground that the decision of the State Government to refer or not to refer a dispute for adjudication was a matter for its discretion. By about the end of 1962 the respondent-union made further representation to the State Government and by its order dated August 28, 1963 the Government made