KISHOR HAJABHAI BARIYA Vs. DESK OFFICER

JUDGEMENT

(1.) The present Special Civil Application is filed against the decision of the respondent No.1 dtd. 27/10/2015 refusing to make a reference to the appropriate Forum under Sec. 10(1) of the Industrial Disputes Act, 1947 [" ID Act " for short].

(2.) The brief facts leading to the filing of the present Special Civil Application are as follows:-

(3.) Mr. P.H.Pathak, learned advocate appearing for the petitioner submits that the impugned order / communication is directly in the teeth of the law as laid down by the Hon'ble Supreme Court in case of Telco Convoy Drivers Mazdoor Sangh & Anr. v. State of Bihar & Ors . [1989 (3) SCC 271]. He submits that it is well settled that the Government cannot adjudicate upon the dispute and it has to only satisfy itself as to whether the industrial dispute has arisen or not in view of the failure report and whether to make a reference. He further submits that there is clear case of mala fide exercise of powers by the management of the respondents to deprive the petitioner to his legitimate rights. He submits that the impugned order has been passed ignoring the directions in the judgment dtd. 19/7/2006 in Special Civil Application No.6670 of 1999. He, therefore, submits that the present Special Civil Application deserves to be allowed.