Delhi High Court in Vijay Kumar Jhamb vs. Union of India W.P. (c) 3098/2012 while adjudicating upon a matter under section 12(5) of IDA [which requires the appropriate Government (on being satisfied that a dispute exists) to make a reference to the Board, Labour Court, Tribunal or National Tribunal], observed that in cases where the appropriate Government themselves is not sure whether such reference should be made or not, they are ought to have referred the case for adjudication to the aforementioned bodies so as to enable the parties to lead evidence in support of their respective stands. In this case the court further clarified that even otherwise, it is well settled that even though under section 10 of the IDA the appropriate Government is required to consider whether a dispute exists or is apprehended, the same however, does not imply that the Government should take upon itself the task of adjudicating the dispute on merits. It is only when the claim is found to be wholly frivolous that the Government can refuse to make a reference. However, this refusal should be only in extraordinary cases and not in a case like the present where the Government itself was only of the prima facie opinion that no case was made out.
Also read: To deny full back wages pending proceedings, workman must earn adequate remuneration: Delhi HC
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