“40. (1) Where any question, other than a question specified in section 38 (1) (a), 38 (1) (b) or 38 (1) (c), is referred to the Tribunal, the Minister may, on the request of the Tribunal, refer the question for the decision of the High Court.

(2) Where the Minister refers a question for the decision of the High Court under this section, or where a person appeals to the High Court under section 39 (14), the court may, at its discretion, order the payment by the Minister from the Redundancy Fund of the costs (in whole or in part as so ordered) when taxed of a party involved.

(3) Where the Minister refers a question for the decision of the High Court under this section, he may be represented as a party in that court at the hearing of the question.”.