The government’s reference of an industrial dispute under Section 10(1)(c) is administrative and cannot be quashed unless the existence of an employer-employee relationship is clearly proven to be non-existent.

1 This is an application under Article 226 of the Constitution of India by Messrs. Travancore Sugars and Chemicals Ltd., Management of the Pamba River Factory, Thiruvella praying that this court be pleased (a) to call for the records of the case and to quash the order of reference No. L. Dis. 4270 of 1956 dated 30-10-1956 (produced along with the affidavit and marked "A" for identification), by the issue of a writ of certiorari or other appropriate writ, order or direction, or in the alternative to issue a writ directing the 2nd respondent to forbear from proceeding with the enquiry in pursuance of the Notification Ext. A; and (b) to pass such other and further writs, orders or directions as are deemed just and proper in the circumstances of the case.

2 The 1st respondent is the State of Kerala represented by the Labour Secretary to Government, Trivandrum and 2nd Respondent is the Industrial Tribunal, Alleppey.

3 Ext. A referred to above is the order dated 30-10-1956 of the former Government of Travancore-Cochin referring a dispute as an Industrial dispute for adjudication to the Industrial Tribunal, Alleppey which is the 2nd respondent in this application. The said order runs as follows:
"Government of Travancore-Cochin
Labour Department
No.L.Dis. 4270/56/DD. dated Trivandrum, 30-10-1956
ORDER
Whereas, the Government are of opinion that an Industrial Dispute exists between the Management of the Pamba River Factory, Tri-ruvella represented by the General Manager and the boatmen" of the above concern represented by the Dakshinabharatha Navika Tho-zhilali Union, Pulikoezh, Thiruvella in respect of matters mentioned in the annexure to this order.
And whereas, in the opinion of Government it is necessary to refer the said Industrial Dispute for adjudication.
Now therefore, in exercise of the powers conferred by S.10(1) (c) of the Industrial Disputes Act of 1947 (Central Act XIV of 1947) the Government hereby direct that the said industrial dispute be referred for adjudication to the Industrial Tribunal, Alleppey.
By Order of His Highness the Raj Pramukh, Government Secretariat, G. Bhaskaran Nair, Development Department. Labour Secretary,
Addl. Secretary to Govt.
(ANNEXURE)
Are the boatmen entitled to bonus from the Factory and if so what should be the quantum of bonus and what is the period for which it is payable?
Are the boatmen entitled to unemployment wages for the periods of involuntary unemployment with retrospective effect from the year 1954?
Are the boatmen entitled to waiting charges for the periods exceeding 12 hours they are made to wait at the cane loading points or at the Factory boat basin and if so, at what rate?
Are the boatmen entitled to get refund of the amounts deducted from their wages by the management of the Pamba River Factory during the years 1952 to 1954?,
Sd. X X
Assistant Secretary."

4 It will be seen that the prayer in the application is either to issue a writ of certiorari or other appropriate writ quashing the order of reference, Ext. A, or in the alternative to issue a writ directing the Industrial Tribunal, the 2nd respondent from proceeding with the inquiry in pursuance of the Notification, Ext. A. The alternative prayer should be understood as asking for a writ of prohibition, prohibiting the 2nd respondent from proceeding with the enquiry on the basis of Ext. A.

5 The substantial contention raised in the affidavit filed in support of the application is that there is no relationship of employer and employee between the applicants and the boatmen referred to in Ext. A and that the boatmen are not 'workmen' within the meaning of that expression as defined in S.2 Clause (s) of the Industrial Disputes Act 1947 (Central Act XIV of 1947). According to the petitioners, the order of reference, Ext. A itself is bad in view of the fact that the very foundation for the existence of a dispute namely, the employer-employee relationship is non existent as such, and hence the decision of the State to refer to adju