Is it incumbent on the Government to refer every dispute to a Labour Court, Tribunal or National Tribunal for adjudication?
The Government has a discretion to refer or not to refer a dispute to a Labour Court, Tribunal or National Tribunal for adjudication. The Government can use the power of making a reference on consideration of the failure report received from the Conciliation Officer or on its own motion. If the Government decides not to make a reference, then it is bound to record reasons for doing so find communicate them to the parties. S.10
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