SHANKERLAL AMBALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Industrial Disputes Act, 1947 - S. 10 -Dispute not referred by concerned Government for adjudication - Reasons given found to be without substance - Direction issued for making reference.

(2.) Petitioner No.2 is Railway Workers Union. It is not disputed that services of petitioner No.1 and other labourers were terminated and according to them they were also not paid wages, which were due to them. Petitioner No.2 - Union, therefore, raised an Industrial dispute in respect of termination of their services and non-payment of wages. Petitioner No.2 - Union had also addressed a notice of strike dated September 4, 1985 to the Executive Engineer, Rajkot and Jamnagar challenging the action terminating the services of the aforesaid labourers without following the mandatory provisions of Industrial Disputes Act. The said notice was also served on Assistant Labour Commissioner (Central) - respondent No.2 herein and the Executive Engineer (Central) - respondent No.3 herein. Respondent No.2, who is a Conciliation Officer, attempted to bring about settlement between the petitioner No.2 - Union and the authorities concerned but the matter could not be settled. In other words, the conciliation proceedings ended in failure. Respondent No. 2 submitted failure report to the Central Government - Respondent No.1 herein. It is not disputed that failure report made by respondent No.2 was received by respondent No.1. Respondent No.1 Central Government, however, by its communication dated December 11, 1986 informed petitioner No.2 -Union that there was no prima facie case to refer the demand made by it for adjudication. In this view of the matter no reference was made for adjudication as demanded by petitioner No.2 -Union. It is this decision of the Central Government, which is under challenge in this petition.

(3.) There is no dispute that services of petitioner No.1 and other labourers have been terminated and industrial dispute, arising out of such termination, was raised by petitioner No.2 - Union. There is also dispute regarding the wages payable to these labourers. The respondent No.1 - Central Government has, however, refused to make reference as stated in its communication dated December 11, 1986. Reasons given by the Central Government for not making reference are without substance. There seems to be no reason or justification to refuse to make reference of the Industrial dispute for adjudication.