TELCO CONVOY DRIVERS MAZDOOR SANGH & ANR. vs STATE OF BIHAR & ORS.

The Supreme Court held that under Section 10(1) of the Industrial Disputes Act, 1947, the Government's role is to form an opinion on whether an industrial dispute 'exists or is apprehended', which is an administrative function and not a judicial one. The Court ruled that the State Government cannot adjudicate the merits of the dispute regarding the employment status of convoy drivers, and thus, the Government's refusal to make a reference was unjustified. The Court directed the State of Bihar to refer the dispute to an appropriate Industrial Tribunal under Section 10(1) of the Act.