This petition has been preferred by Workmen of Haroocharai Tea Estate represented by General Secretary, Assam Chah Karmachari Sangha, Dibrugarh invoking the powers of this Court under Article 226 of the Constitution challenging the order of the Govt. refusing to refer a dispute to the Labour Court for adjudication. The relevant order passed by the Govt. vide Memo No. GLR 261/ 93/19-A dated the 3rd November, 1994 reads as follows :

"I am directed to refer to the letters quoted above, and to say that there appears no dispute upon the matter.

As such, party concerned may be intimated from your end accordingly."

It may be placed on record that Baijnath Tewari was a driver of the respondent No. 4 and had been serving in the tea estate for the last five years honestly and diligently. The workman enjoyed all the benefits to which a workman is entitled to and there has been no allegation against his conduct during his tenure of service as driver. But the respondent No.4, all on a sudden did not allow the workman to join his duty with effect from 1.9.92.

2. The matter was referred by the Association to the State Govt. for referring the dispute to the competent authority under section 10 of the

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