BHARAT HEAVY ELECTRICALS LIMITED Vs. RAM RAJ

JUDGEMENT

(1.) This petition has been filed by the petitioner / Bharat Heavy Electricals Ltd. (BHEL) with the following prayers:

(2.) In substance, the challenge in this petition is to an order dated November 18, 2020, of the Assistant Labour Commissioner (Central) Delhi ('ALC', for short), in his capacity as Conciliation Officer and also to a notice dated August 16, 2021, issued to the petitioner in I.D.No.116/2021, by the Presiding Officer, CGIT-Cum Labour Court- II ('Labour Court', for short) in pursuance to reference being made to the Labour Court for adjudication of the dispute under Sec. 2A of the Industrial Disputes Act, 1947 ('ID Act', for short). The order dated November 18, 2020, reads as under: "NO: AL-C-11/8(33)/2020-AKB dtd.: 18/11/2020 Certificate to be issued by the Conciliation Officer as provided under Sec. 2A of the Industrial Disputes Act, 1947. (TO WHOM SO EVER IT MAY CONCERNED) This is to certify that Sh. Ram Raj, Sh. Chander Mohan, Sh. Ajay Prakash and Sh. Shiv Kumar filed an industrial dispute Through Delhi Rajya General Workers Union received in this office on 24/2/2020 under Sec. 2A of the Industrial Disputes (Amendment) Act, 2010 in the office of Asstt. Labour Commissioner (Central), New Delhi-against the management of BHEL, M/s Aroon Aviation Services Pvt. Ltd., M/s Oynx Management Services Pvt. Ltd. The Conciliation officer took up the matter in conciliation on Various dates. As on date no settlement could be reached. Now, the applicant wants to discontinue the present conciliation process and to take up the matter with the Central Government Industrial Tribunal-cum-Labour Court directly under the sub-sec. (2) and (3) of Sec. 2A of the Industrial Disputes (Amendment) Act, 2010. The mandatory 45 days of filing his/her dispute before the Conciliation Officer as provided under "Sec. 2A(2) of the Industrial Disputes (Amendment) Act, 2010 has been completed on 9/4/2020. This certificate is being issued to him exclusively for the purpose of enabling him to approach the Central Government Industrial Tribunal-cum-Labour Court for adjudication of the said dispute. The workmen are advised to file their dispute before the concerned CGIT-cum-Labour Court, Rause Avenue Court Complex, Deen Dayal Upadhyay marg, New Delhi."

(3.) It is a conceded case, that pursuant to the aforesaid order, the respondents herein have filed a claim petition before the Labour Court on which notice has been issued on August 16, 2021.