AJIT KUMAR BARAT Vs. SECRETARY INDIAN TEA ASSOCIATION

JUDGEMENT

(1.) In this writ petition filed under Article 32 of the Constitution of India, the petitioner has sought for setting aside the judgment and order dated 14-2-2000 passed by this Court in C. A. No. 1041 of 2000 (Secretary, Indian Tea Association vs. Ajit Kumar Barat, AIR 2000 SC 915.

(2.) The facts to the extent relevant to dispose of this petition briefly stated are the following :-

(3.) The petitioner was appointed as Assistant Secretary by the respondent No. 1 on 16-9-1986; was promoted to the post of Joint Secretary on 1-4-1991; was transferred on 22-5-1995 to Dibrugarh, which order of transfer was also the subject-matter of another litigation with which we are not concerned in this petition. His services were terminated with effect from 27-11-1995. An industrial dispute was raised by the petitioner. Labour Commissioner submitted the failure report in conciliation proceedings on 2-7-1997 recommending a reference, as according to him the question whether the petitioner was a workman required adjudication. Since the Government did not act, the petitioner filed writ petition in the High Court of Calcutta. The High Court directed the State Government to take decision under Section 12(5) of the Industrial Disputes Act, 1947 within the time fixed. The Government communicated its decision regretting its inability to make a reference saying that the petitioner was not a workman. Again, the petitioner moved the High Court against the said order of the State Government. Learned single Judge of the High Court made an order directing the State Government to make a reference as to whether the petitioner was a workman. The appeal filed by the respondents herein was dismissed by the Division Bench of the High Court. The respondent No. 1 herein brought the matter to this Court. This Court, by an elaborate order dated 14-2-2000 AIR 2000 SC 915, noticing the facts, contentions of the parties and the decisions allowed the Civil Appeal No. 1041 of 2000 and set aside the judgment of the High Court directing the State Government to make an appropriate reference.