SURESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition challenges the order dated 27th November, 2002 passed by the Under Secretary, Ministry of Labour, Government of India, respondent No.1. The relevant portion of the said order dated 27th November, 2002 reads as under:

(2.) The learned counsel for the workman/petitioner, Ms. Asha Jain Madan, has assailed the said order on the ground that this order is contrary to the well settled position of law laid down in the several judgments that the Government under Section 10(1) of the Act exercised its administrative functions and not judicial or quasi judicial functions and cannot delve into merits of the dispute and take upon itself the determination of the lis. The learned counsel for the petitioner thus has relied upon the following judgments, to support the above proposition:

(3.) In particular reliance has been placed upon Dhanbad Colliery's judgment which according to the counsel for the petitioner had facts almost similar to the present case and clearly applies on all fours to the present case. The relevant portion of the said judgment relied upon by the learned counsel for the petitioner reads as follows: