1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR WRIT PETITION NO.449/2008 The Vidarbha Co-operative Marketing Society Limited through its Chief Executive Officer ...Versus... Vidarbha Co-operative Marketing Society Kamgar Union, Through its General Secretary and another -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri N.R. Saboo, Adv. for petitioner] CORAM:- SWATANTER KUMAR, C.J. & A.B. CHAUDHARI, J. DATED :- 20.02.2008 We have heard learned Counsel appearing for the petitioner. The petitioner in the present writ petition under Article 226 of the Constitution of India takes exception to the order of reference made by the Government while exercising power under Section 10 of the Industrial Disputes Act, 1947. The contention raised before us is that management does not admit the existence of employer- employee relationship and as such this question should have been determined as condition precedent to the passing of the order of the reference. Reliance is placed upon the order passed in Complaint ULP No.11/1992 decided on 28.04.2006, wherein it was held that the complaint deserves to be rejected and the question of 2 employer-employee relationship needs to be examined and decided. It is settled principle of law that while exercising its power under Section 10 of the Industrial Disputes Act, the Government is not expected to go into adjudicatory process and determine controversy between the parties, which requires evidence and which involves question of law. In the facts and circumstances of the present case, the existence or otherwise of the relationship of employer-employee between the parties is a matter of fact and such question can be raised and will have to be decided essentially by the Industrial Court. This, however, is no ground for this Court to find error of jurisdiction in exercise of power by the State Government while making reference. We find no merit in the present writ petition. The writ petition is, therefore, dismissed with the above observations. No order as to costs. CHIEF JUSTICE JUDGE ssw