SECY.,INDIAN TEA ASSOCIATION vs AJIT K. BARAT

The Supreme Court upheld the Calcutta High Court's order directing the State Government to make a reference under Section 10(1) of the Industrial Disputes Act, 1947, regarding the employment status of the respondent. The Court clarified that the Government's function in making a reference is administrative, and it must ascertain the existence of an industrial dispute before deciding on a reference. The Court affirmed that the refusal to refer the matter was improper, as the question of whether the respondent was a workman required adjudication under the Act.