(1) THIS petition is directed against the order of the High court upholding the refusal of the State government to make reference of the industrial dispute for adjudication under the Industrial Disputes Act, 1947. While refusing to make the reference, the State government has stated as follows :

"IT is seen that there is a subsisting Section 18(1 settlement entered into as early as in 1978 by the recognised union which has the support of the majority of workers. The validity of this settlement was questioned by these two minority unions before the Industrial tribunal, Madras. But the Industrial tribunal held that the terms of this settlement were fair and just. Further, the recognised union is also having direct negotiations with the management on the various issues now raised.

HENCE the government consider that there is no case to refer the issue in dispute for adjudication."

(2) IT will be apparent from the above order that one of the facts which has weighed with the State government is the award of the tribunal by which the tribunal had held that the terms of the settlement entered into with one of the recognised unions which had the support of the majority