PREM CHAND Vs. UOI

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner assailing the order dated 7.7.2005 passed by the respondent No.1 refusing to refer the disputes between the petitioner and the respondent No.2 for adjudication. The reasons given for refusing reference of the disputes for adjudication are as below :

(2.) It is submitted by the learned counsel for the petitioner that the respondent No.1 does not have the power to adjudicate upon the disputes in respect of question of facts and law and that the same is purely within the domain of the Central Government Industrial Tribunal/Labour Court. In this regard, counsel for the petitioner seeks to place reliance on the following judgments : 1]. Sharad Kumar v. Govt. of NCT of Delhi and Ors. 2002 LLR 545; 2]. Sanjay Kumar v. UOI and Ors. LandSJR 2004 (1) 299; 3]. Khushi Ram v. UOI and Anr. 2005 LLR 389;

(3.) Learned counsel for the respondent No.1 fairly admits that as per the settled law, the appropriate Government is not expected to give any finding on merits while considering whether a case is fit for being referred for adjudication to the Labour Court/Industrial Tribunal or not.