BELLARY ZILLA GANI KARMIKARA SANGHA SHANTI NIVAS, KARNATAKA Vs. UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, NEW DELHI

JUDGEMENT

(1.) The petitioner is a Union representing the workmen of the second respondent-Company. It is the contention of the petitioner that in the year 2011, the workmen were asked to stop work since the mining activities came to a closure. The petitioner-Union raised a dispute before the Regional Labour Commissioner (Central) and the Conciliation Officer with regard to the illegal closure of the mines in violation of the Industrial Disputes Act, 1947, espousing the cause of 201 workmen. The second respondent filed objections before the Regional Labour Commissioner, making bare denials in regard to the claim petition filed by the petitioner-Union. The conciliation proceedings ended in a failure.

(2.) Subsequent to failure of the conciliation, the first respondent-Central Government issued the impugned order dated 20.07.2017, refusing to refer the dispute for adjudication, on the ground that the petition was made after lapse of 5-14 years and the authenticity of the workmen could not be evidenced before the authority.

(3.) Learned Counsel for the petitioner submits that the problem of closure of the mines in the year 2011 was not confined to the second respondent-Company. It is a known fact that several of the mines in Bellary and other parts of Karnataka were closed down during the said period. The workmen from several of such Companies who were denied employment approached the Regional Labour Commissioner and the said authority has, in fact, referred the dispute to the Central Government Industrial Tribunal. It is therefore, submitted by the learned Counsel for the petitioner that the impugned order cannot be sustained.