SULTAN SINGH vs STATE OF HARYANA & ANR.

The Supreme Court held that under Section 10 of the Industrial Disputes Act, 1947, the State Government is not required to hear the employer before making a reference on a second application for reinstatement, as the order is administrative and not quasi-judicial. The Court clarified that the appropriate Government can form an opinion on the existence of an industrial dispute based on the material available, and is only required to communicate reasons when refusing a reference under Section 12(5). The appeal was dismissed, affirming the High Court's decision that no hearing was necessary for the employer.