JUDGMENT

RAY, C. J.:— This appeal by special leave turns on the question whether the State can be asked by a writ of mandamus to make a reference under Section 10 (1) of the Industrial Disputes Act (hereinafter referred to as the Act).

2. The appellant was employed by the respondent company Hindustan Dowidat Tools Ltd. The services of the appellant were terminated on 4 September, 1972. The Conciliation Officer started conciliation proceedings under Section 12 of the Act. No settlement could be arrived at. The Conciliation Officer sent a report to the State Government under Section 12(4) of the Act. The State Government by letter dated 7 June, 1973 informed the appellant that the Government had considered the appellant s case not fit for reference to the Labour Court for adjudication.

3. The Government in the letter stated as follows:

"The Government have not found your case fit for adjudication to a Labour Court because you were working as an Electrical Foreman in this concern, which was a supervisory job and your wages were more than Rs. 500/- per month. Therefore, your case is not covered by the definition of the terms "work-man" given in the Industrial Disputes Act."

4. The appellan