MUNICIPAL EMPLOYEES UNION Vs. SECRETARY LABOUR

JUDGEMENT

(1.) THIS writ petition is filed against the order dated 11. 7. 1995 passed by respondent No. 1 refusing to make reference Of the dispute to the Labour Court for adjudication.

(2.) THE facts of the case are brief and undisputed. One Shri Sansar Pal was working with respondent No. 2 namely Municipal Corporation of Delhi and he died while in service on 15. 2. 1993. His family consists of his old parents and one younger brother Badle Ram. After the death of Shri Sansar Pal, Shri Badle Ram requested MCD to give him appointment on compassionate ground and when no reply was received, the petitioner raised an industrial dispute by filing a statement of claim before the Conciliation Officer. Conciliation proceedings ended in failure. Thereafter respondent No. 1 namely Secretary (labour) Government of National Capital Territory of Delhi passed impugned order dated 11. 7. 1995 declining to refer the dispute for adjudication by giving the following reasons in the impugned order dated 11. 7. 1995:

(3.) THE petitioner filed review petition against the aforesaid order dated 11. 7. 1995. When this review petition was still pending present petition was filed in September, 1997 challenging the impugned order declining to make reference. It appears that thereafter the respondent No. 1, decided the review petition also and dismissed the same vide order dated 18th March, 1998. Copy of this order is filed by respondent No. 1 alongwith its counter affidavit. The relevant portion of this order is reproduced below: "shri Badley Ram, at no stage was the employee of the Management. He has never approached the Management seeking appointment on compassionate ground. Prima facie therefore, the case of Shri Badley Ram is not covered under Section 2 (k) of the I. D. Act. There is thus no merit in the review petition filed by the union against the order of the predecessor Secretary (Labour ). The petition is, hereby dismissed. "