AMTS KARMACHARI SANGH Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) Since in all these petitions, identical question of law arises, the material facts are also identical and the respondents are also the same, these petitions are heard, considered and decided together.

(2.) Heard Mr.Yogen Pandya, learned Advocate for the petitioners, Mr.Rahul Dave, learned Assistant Government Pleader for the contesting respondent State Authorities and Mr.H.S.Munshaw, learned Advocate for the respondent No.2 -Employer.

(3.) Challenge in each petition is made to the order passed by the Deputy Commissioner of Labour, Ahmedabad as the Appropriate Government under the Industrial Disputes Act, 1947, holding that Reference need not be made to the Labour Court, for the demand raised before it. The question which falls for consideration before this Court is, as to whether the Appropriate Government, in exercise of its power under Section 10(1) of the Act, could have refused to refer the dispute to the Labour Court, since according to that Authority, the workman was not entitled to relief, on merits. The said Authority, has also recorded that there does not exist, employer employee relationship and therefore, reference be not made. It also needs to be adjudicated, as to whether, in the facts of these cases, the finding of the Appropriate Government on the existence of employer employee relationship was warranted, and if yes, is it legally tenable.