1. This appeal raises a very important question as to the power of Government to refer or not to refer a dispute to a Tribunal under the Industrial Disputes Act under Section 12(5).

2. On 17-11-1953 the Union representing the workers of the appellant company gave an intimation to the company that their workers made certain demands with regard to gratuity, paid holidays, classification of certain workmen and payment of bonus. A copy of these demands was forwarded to the Labour Commissioner. On 6-12-1953 the Appellant company declared a bonus which was three months of the basic pay of the workers. This bonus was not accepted by the Union.

Conciliation proceedings were started on 29-4-1954 and the conciliation having failed a report was made by the Conciliation Officer on 5-7-1854. The report only dealt with the question of bonus and classification. On both those points the Conciliation Officer was of the opinion that there was considerable substance in the demands put forward by the workers. On 11-12-1954 the Government refused to refer the dispute to a Tribunal and gave as its reasons for not so referring that the workers had resorted to go-slow during the year 1952-53.

On this