Rajiv Narain Raina, J.

The impugned order declining to refer the industrial dispute for determination by the labour court reads as follows :-

"On the above subject you are informed that the State Government does not find your case fit to be referred to the court for adjudication because from the enquiry it has revealed that your services were terminated as per the terms and conditions of your appointment letter. The management was still willing to take you back in service without back wages for the intervening period, but you are not willing to join."

2. The reference has been declined by breaching all canons of industrial law and judicial precedents on the point long established that the appropriate Government is merely a post office in referring industrial disputes to the area Labour Court for adjudication on merits. In this process, the appropriate Government cannot don the robes of the court and decline reference on the ground that the termination took place in terms of the appointment letter. The second reason to decline the reference is equally bad, that the management is still willing to take back the workman in service without back wages for the intervening period bu