MANIPAL UNIVERSITY MAZDOOR UNION (R) AFFILIATED TO BHARATHIYA MAZDOOR SANGH EARLIER KNOWN AS MAHENTSA, OFFICE OF B.M.S FELIX PAI BAZAAR, BY ITS SECRETARY PURUSHOTHAM Vs. THE SECRETARY MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA@RESPOND

JUDGEMENT

(1.) PETITIONER - Registered Trade Union espousing the cause of the employees of the Manipal University, raised a dispute in the matter of change of (sic) introduced by the University in violation of Section (sic) of the Industrial Disputes Act, 1947 which when resulted in a failure report by the Conciliation Officer was followed by the communication dated 27.07.2009 Annexure -"A" declining to refer the dispute for adjudication, on the premise that the workmen had accepted the revision of pay scales as a package deal which included the decision to change the leave pattern and hence, this petition.

(2.) HEARD the learned Counsel for the parties. Perused the pleadings and examined the communication impugned. Suffice it to state that the observations of the Apex Court in Telco Convoy Drivers Mazdoor Sangh and Another Vs. State of Bihar and Others, AIR 1989 SC 1565 , in the circumstances, is apposite:

(3.) IN the result, petition is allowed. The impugned communication Annexure -"A" is quashed and the proceeding remitted for consideration afresh in the light of the observations supra, in any event, within a period of three months from the date of receipt of a certified copy of this order.