BHARTIYA KARMACHARI SANGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.P.C.Master on behalf of Mr.H.B.Shah for petitioner and Mr.K.M.Patel, learned advocate for respondent No.2, so also Mr.H.D.Dave, learned AGP for respondent No.1.

(2.) In the present petition, RULE has been issued by this Court on 12/09/1989. By way of this petition, the petitioner has challenged the order passed by the Labour Commissioner dated 24/05/1989, wherein the dispute which was raised by the petitioner Union has been decided not to refer for adjudication on the ground that there was no system or practice to pay subsistence allowance to Badali Worker and salary to the Badali Worker for the days on which the workmen have not worked. Therefore, the labour commissioner has come to the conclusion that demand which has been raised by the petitioner Union is not reasonable and therefore, it is not required to be referred for adjudication.

(3.) Learned advocate Mr.P.C.Master for petitioner Union has submitted that decision which has been challenged by the petitioner wherein while exercising the powers under Section 10 read with Section 12[5] of the Act, the Labour Commissioner has decided the merits of the matter whether Badali Worker is entitled to subsistence allowance and salary of the days on which they have not permitted to work. But on the question of merits, the labour commissioner is not entitled to take any decision on merits but it is jurisdiction of the Tribunal to examine the merits of the matter and the dispute. However, he relied on decision of the Apex Court in case of Telco Convoy Drivers Mazdoor Sangh and Another Vs. State of Bihar and others reported in AIR 1989 SC 1565.