GWALIOR RAYONS WORKERS ORGANIZATION Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Single Judge in O. P. No. 29357/2000 at the instance of the petitioner. The challenge in the Original Petition was against Ext. P2 order passed by the Government in Ext. P1 application filed by the second respondent under S.25 - O(5) of the Industrial Disputes Act, 1947. The second respondent had made an application under sub-s.(1) of S.25 - O on 23.8.1999 before the first respondent. The application was rejected by the first respondent by an order dated 16.10.1999. Under Ext. P1 the second respondent sought review of the above order. In the alternative there was a prayer for referring the matter to an Industrial Tribunal for adjudication. Under Ext. P2 order Government rejected the prayer for review but granted the prayer for referring the matter to an Industrial Tribunal. The petitioner contended that the first respondent has no jurisdiction to allow the prayer for referring the matter to an Industrial Tribunal once it has adjudicated on the prayer for review of the order dated 16.10.1999. The learned Single Judge was also inclined to accept the above contention. The Original Petition was, therefore, dismissed. Aggrieved by the above judgment the petitioner has come up in appeal.

(2.) S.25 - O(5) reads as follows:

(3.) Learned counsel appearing on behalf of the appellant contended that it is unusual and it is also improper to enter into a detailed discussion when the Government decided to refer the matter to a Tribunal for adjudication. In Ext. P2 the Government had entered into such a discussion. We do not find that the discussion that is seen in Ext. P2 relates to the order passed by the Government referring the matter for adjudication. A reading of Ext. P2 would clearly show that the entire discussion was in justification of the view taken that there is no reason to review its earlier order declining the prayer for closure.