Rajasthan High Court, in the case of Mukesh Kumar vs. Union of India (S.B.C.W.P No. 13929/2010),on August 13, 2024, overturned a government order that had rejected the referral of an industrial dispute involving a workman. The rejection was initially based on the fact that the workman had been employed for only 85 days and could not provide documentary evidence to support his claim for further employment. The Court, however, relied on the Supreme Court’s judgment in Telco Convoy Drivers Mazdoor Sangh and another vs. State of Bihar and Others (1989) 3 SCC 271, which established that the role of the appropriate Government under Section 10 of the Industrial Disputes Act, 1947 is administrative rather than judicial or quasi-judicial. The Court emphasized that the government cannot assess the merits of the dispute or determine whether the individual raising the dispute qualifies as a workman, as this falls outside the scope of its administrative powers.
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