JUDGMENT K.P. Singh and S.R. Bhargava, JJ. - By means of this writ petition the petitioner has prayed for a writ of mandamus directing the respondent No. 1 to make reference of the case of petitioner in pursuance of C.P. Case No. 20 of 1986 to any Labour Court or Industrial Tribunal, as the case may be, for adjudication on the matter of dismissal of the petitioner from service vide order dated 30-9-1985 passed by opposite party No. 2, 2. Annexure 10 attached with the writ petition is the order on the subject-Audyogik Vivad Sankhya 20/85 M/S. Sachiv Sahkari Ganna Vikas Samiti Limited Sewaiahi, Deoria and heir labourers. The order reads as below : - "Prarthi Ko Suchit Kiya Jala Hai Ki Ukt Vivad Ko Sarkar Ne Abhinirnay Heti Amipukt Samjha Hai. Atyev Yeh Vivad Datar Kar Diya Gaya Hai. Sd./IIIegible U.P. Shramayukf. U.P. Krite Vishesh Sachiy." 3. In view of a Division Bench decision of this Court in writ between Paras Nath Yadav v. State of U.P. and others it is evident that the Government while making reference either under Section 10(l)(c) of the Industrial Disputes Act or under Section 4-E of the U.P. Industrial Disputial Act have no jurisdiction to exercise 4 judicial powers and adjudicate upon the merits of the dispute. The perusal of the above quoted order contained in Annexure `10' attached with the writ petition indicates that the Government has decided the claim for the petitioner on merits of the dispute. The perusal of the order indicates that the order is bad in law and deserves to be quashed. 4. We have heard learned Standing Counsel. We do not consider it a fit case where an opportunity should be given to the Standing Counsel for filing counter-affidavit in this case. In view of the decision of this court as well as various decisions of the Supreme Court the impugned order is without any reason and bad in law. The Government has refused to make reference considering the merits of the dispute raised by the petitioner. 5. In view of the aforesaid circumstances this petition succeeds and we quash the order contained in Annexure-10 attached with the writ petition and quoted above. The Government has refused to make reference considering the merits of the dispute raised by the petitioner. 5. In view of the aforesaid circumstances this petition succeeds and we quash the order contained in Annexure-10 attached with the writ petition and quoted above. The State Government shall now pass a fresh order after applying its mind to the facts of the present case in the light of the decisions reported in V. Veerarajan and others v. Government of Tamil Nadu and others, 1987 SCC p. 497 and Ram Avtar Sharma and others v. State of Haryana and another, 1985 (3) SCC 189 and the Division Bench decision contained in Annexure `12' attached with the writ petition, within three months from the date when a copy of this order is produced before it. In the circumstances of the present case no order as to costs. 6. Certified copy of this order may be given to petitioner on receipt of usual charges within 48 hours.