( 1 ) BY this common judgment I would dispose of the aforementioned two writ petitions, as a common question of law in regard to ambit and scope of powers of the appropriate Government to make or decline a reference under Section 10 (1 ) (c) of the Industrial Disputes Act (hereinafter referred to as Act), arises for consideration, though on somewhat different facts.

( 2 ) IN order to examine the question of law which requires consideration by the Court, it will be appropriate to refer to the facts of Subhash Chand (Supra) at the very outset, while reference to the facts of the other writ petition could be made towards the later part of the judgment. Subhash Chand, the workman joined the service with Horticulture Department in the Office of Development commissioner of Govt. of NCT of Delhi on 20th September, 1987 as a Mali. His services were treated as daily rated muster roll worker. According to the workman, respondent No. 2 arbitrarily terminated the services of the petitioner without giving any notice, compensation, holding any inquiry and following the rules even in regard to last come first go on 30-th November, 1990. In the writ petition it is stated that w