RAM GOPAL Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioners' case is that they joined the service of the respondent No. 1, Airport Authority of India, and performed duties to the satisfaction of the respondents. It is stated by the petitioners that they were not paid the minimum wages as notified by the Central Government. The petitioners demanded the wages as per the notification of the Central Government. Instead of acceding to their request the management, respondent No.1 had removed them from service on 19th December 1966. As the removal was without assigning any reason, the petitioners moved the Assistant Labour Commissioner. Before the Labour Commissioner the respondent denied all the charges including the relationship of employer and employee between them. Thereafter the impugned order was passed by the Central Government on 29th January 1998 refusing to refer the dispute between the parties for adjudication.

(2.) The petitioner has filed this writ petition challenging the impugned order dated 29th January 1998 passed by respondent No.4 refusing the reference of the dispute sought to be raised by the petitioner to the Industrial Tribunal or Labour Court. The impugned order gives the following reasons for refusing to make a reference:

(3.) It is clear that this order delves into the merits of the dispute which is not permissible in law. The very question involved in the dispute was the existence of relationship of employer and employee between the petitioners and respondent No.1. The Government has purported to adjudicate this very dispute which obviously was not within its domain while considering whether or not refer the dispute for adjudication. This position of law is well settled in accordance with the law laid down by the Hon'ble Supreme Court in a judgment reported as Ram Avatar Sharma & Ors. Vs. State of Haryana & Ors. (1985) 3 SCC 189, wherein the Hon'ble Supreme Court has held as follows: