V BHASKARAN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) As per Ext. P1 order dated 8th March 1973 the 2nd respondent, the Indian Rare Earths Ltd., dismissed from its service the petitioner for certain misconducts mentioned in that order. The petitioner impugned this order before this Court in O. P. No. 4763 of 1974. As per the judgment therein, a copy whereof is marked here as Ext. P2, this Court took the view that the 2nd respondent being a private limited company no writ can be issued. Consequently, this Court dismissed that writ petition on 16th December 1977. However, a dispute arose over the dismissal of the petitioner and the Assistant Labour Commissioner intervened to bring about a settlement, but to no avail. Therefore, the Assistant Labour Commissioner sent up his Ext. P3 report as contemplated by S.12(4) of the Industrial Disputes Act, 1947 to the Union Government, the 1st respondent herein. The

(2.) Going by the two decisions of this Court, in Workmen of Cochin Chamber of Commerce v. State of Kerala (1976 (2) LLJ. 108) decided by Poti, J. as he then was, and Workmen, J. and P. Coats (India) v. State of Kerala ( 1977 KLT 546 ) decided by a Division Bench consisting of Eradi, J. as he then was, and Narendran, J., Ext. P4 order cannot be sustained. These decisions say that even if the Government comes to a conclusion that prima facie no mala fide intention is made out on the part of the management, that by itself would not be sufficient reason for refusing reference under S.12 of a dispute pursuant to a report submitted by the conciliation officer under S.12(4) of the Industrial Disputes Act, 1947. No authority which has laid down any contrary proposition has been brought to my notice. In that view Ext. P4 order has to be quashed and the 1st respondent has to be directed to consider and dispose of Ext. P3 report in accordance with the provisions of law governing the same and in the light of the guidelines laid down by the Courts in that behalf.

(3.) However, the question arises as to whether this petition has become infructuous by reason of the death of workman, the petitioner, on 10th February 1981. By order on C.M.P. 9999 of 1981 his legal representatives were impleaded as additional petitioners 2 to 7.