AIR INDIA LIMITED Vs. JAGESH DUTT SHARMA

JUDGEMENT

(1.) This letters patent appeal is directed against the impugned judgment dated 16.2.2006 passed by the learned Single Judge allowing Writ Petition (Civil) Nos. 1712-1715 of 2005 filed by the respondents, against the refusal by the appropriate Government to make an order of reference under Section 10 of the Industrial Disputes Act, 1947 ("ID Act'). The learned Single Judge has directed the Secretary, Ministry of Labour, Government of India, Respondent No.6 herein, to make a reference of the dispute raised by the respondent workmen for adjudication to the industrial adjudicator within a period of 12 weeks.

(2.) It appears that consequent upon the impugned judgment of the learned Single Judge, Respondent No.6 passed an order dated 23.3.2006 making the reference of the industrial dispute to the Central Government Industrial Tribunal-cum-Labour Court, New Delhi-I ("Tribunal') and the case has been registered as I.D.No.08/06. On 27.4.2006, the appellant filed the present appeal with the delay of 21 days.

(3.) The facts leading to the filing of the present appeal may be noticed. In exercise of the powers conferred under Section 10 (1) of the Contract Labour (Regulation and Abolition) Act, 1970 ["CLRA'], the Ministry of Labour, Government of India issued a Notification dated 9.12.1976, prohibiting the employment of contract labour with effect from 1.3.1977 for sweeping, cleaning, dusting and watching all buildings owned or occupied by establishments in respect of which the appropriate government was the Central Government. It is not in dispute that this notification applied to the appellant Air India as well.