SYED AFSAR Vs. SECRETARY GOVERNMENT OF INDIA, THE MANAGEMENT OF BHARAT EARTH MOVERS LIMITED AND THE ASSISTANT LABOUR COMMISSIONER SHRAM SADAN

JUDGEMENT

(1.) THIS writ petition is nothing short of frivolous, cantankerous, luxury litigation by an employee of the second respondent -Bharat Earth Movers Limited who is working as Master Skilled Technician in the Organization, but is more keen on going around courts, Tribunals, Labour Welfare Officers, Conciliation Officers, claiming that certain service benefits such as medical facilities and incentives, education facilities to his children are not extended and though he has made a demand and representation, that has been denied by the Management and the conciliation in this regard having been failed, the Central Government has not made a reference on the dispute which is left unresolved etc. This is second round of writ litigation before this court by the petitioner and it is based on the observations made by this court while disposing of earlier writ petition No. 18053/2006 dated 29.01.2008 and the order reading as under:

(2.) IT is the version of the petitioner who is appearing in person that in respect of his grievance relating to imposition of penalty of stoppage of one increment, though the matter is already referred to the Central Government Industrial Tribunal, in respect of other grievance, namely, not extending medical and educational facilities, the Management having not responded positively to his representations, the matter having taken before the Conciliation Officer and the Conciliation Officer having submitted a failure report to the Central Government, nevertheless, the Central Government has not made a reference of the dispute and therefore the present writ petition seeking for issue of writ of mandamus to the Central Government to refer the matter to the Industrial Tribunal.

(3.) UNDER the letter addressed to the petitioner, the Under Secretary to Government of India had informed the petitioner that while reference has already been made, insofar as his claim for payment of a sum of Rs. 9,001/ - towards certain medical and educational benefits, he can raise a separate dispute etc.