1 16 S.B. CIVIL WRIT PETITION NO.4770/2004 [IQBAL KHAN VS. UNION OF INDIA & ORS.] Dated : 25.02.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.Vijay Mehta for the petitioner. Mr.Arvind Samdariaya] Mr.Prabhat Ojha} for the respondents. ***** The petitioner is agreed by the order dated 03.09.2004 {Annex.6} passed by the appropriate government. Pursuant to the aforesaid order, the dispute raised by the petitioner was not referred to the labour court under Section 10 of the Industrial Disputes Act, 1947. Perusal of the contents of the writ petition shows that according to the petitioner he had worked from 16.11.1999 to 14.09.2002, however, recording the finding of fact of non-working of the petitioner during the aforesaid period the decision of non-reference was taken vide order dated 03.09.2004. In my opinion, the appropriate authority is not competent to draw factual conclusions for the purpose of passing an order of non-reference, it necessarily is the domain of labour court to give finding of fact after taking evidence of both the parties. Thus, the appropriate government has travelled beyond his competence to pass order. Hence the order dated 2 03.09.2004 is set aside. The writ petition is accordingly allowed. The respondents are directed to refer the dispute to the labour court at the earliest. (MUNISHWAR NATH BHANDARI), J. mamta