J.B. Koshy, J.

Petitioner challenges Ext. P1 award of the Industrial Tribunal, Kollam. Denial of employment of 7 workers were referred for adjudication. Management raised a preliminary objection stating that there is no valid industrial dispute as no charter of demands were placed before the Management. Since there is demand by union and denial by the workman there is no industrial dispute. Tribunal accepted the above. Tribunal relied on the decision of the Supreme Court in Sindhu re-settlement Corporation Ltd. v. Industrial Tribunal of Gujarat & Ors. (AIR 1968 SO 529). A constitutional Bench of Supreme Court in State of Madras v. C.P. Sarathy (1953 (I) LLJ 174 SC ) formulated four propositions:

(i) The Government should satisfy itself on the facts and circumstances brought to its notice in its subjective opinion that an'industrial dispute' exists or is 'apprehended',

(ii) the factual existence of a dispute or its apprehension and the expediency of making reference matters entirely for the Government to decide;

(iii) the order making a reference is an administrative act and it is nota judicial or a quasi-judicial act;

(iv) the order of reference passed by the Government cann