JUDGEMENT : A.P. Ravani J. 1. Rule Mr. B.B. Naik waives service on behalf of respondent No. l and Mr. R.P. Bhatt waives service of rule on behalf of respondent No. 2. 2. The petitioner was working as Sub-Accountant with respondent No. 2. His services have been terminated with effect from January 5, 1987. The allegation is that he was involved in some criminal cases and that he was convicted. However, the petitioner was ultimately acquitted in the said criminal proceedings. Therefore, the petitioner raised industrial dispute contending that his termination of services is unlawful and he is required to be reinstalled. Appropriate Govt. held that the dispute is not fit for reference to Industrial Tribunal for adjudication on the ground that Shri Sukhwani does not appear to be a workman as defined under Section 2(5) of Industrial Disputes Act, 1947. The aforesaid reason given by the appropriate Govt. clearly shows that the appropriate Govt. has taken upon itself the task of adjudicating the dispute. It is not open to it to take upon the task of adjudicating the dispute and enter into the merits of the dispute. Whether the petitioner is workman or not will be a question to be decided in the reference. In view of the decision of Supreme Court in the case of Telco Convoy Drivers Mazdoor Sangh & another v. State of Bihar and others, reported in AIR 1989 SC 1565 , it is clear that the appropriate Govt. has only to decide as to whether there is genuine dispute between the parties or not. It cannot and should not take upon itself the task of entering into merits of the dispute. In view of the aforesaid position of law, the impugned order-Annexure 'B'-Passed by the appropriate Govt. refusing to make reference is required to be quashed and set aside. 3. In the result the petition is allowed and the order-Annexure 'B'-Dated February 7, 1991 passed by the appropriate officer-Respondent No. 1 herein is quashed and set aside. Respondent No. 1 is directed to decide the question regarding making reference of the dispute in question to the industrial Tribunal afresh. The decision shall be taken latest before March 31, 1992. Rule made absolute accordingly. Petition allowed