ONGC LABOUR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) These are appeals against the Judgement dated 25th/26th November, 2004 passed in Special Civil Application No.6406 of 1991. The learned single Judge disposed of number of matters by his common judgement. It is to be seen that some application was made by ONGC Labour Union to the Central Government for making a reference under Section-10 of the Industrial Disputes Act, 1947. The reference was declined, therefore, the Labour Union filed Special Civil Application No.3788 of 1985. The said Special Civil Application was heard along with number of other matters. The learned single Judge found that the prayers made by the ONGC Labour Union could not be granted. It appears that in relation to some other demands, the ONGC Labour Union filed Special Civil Application No.6730/1990, 7075/1990, 8828/1990, 1666/1991, 6406/1991, 647/1991. The prayers made in different Writ applications are as under:

(2.) It is to be noted that such reliefs cannot be granted by the High Court, but, a reference will have to be made by the Competent Government to a competent Labour Court and the Labour Court, after affording due opportunity of hearing to the parties, will have to make an award either in support of the demands or rejecting the demands. The appellants-petitioners, after learning about the fate of the first application, which was declined by the Central Government, and was pending consideration in Special Civil Application No.3788 of 1985, without making an application for reference, filed the Writ Applications. All the Writ applications have been rejected.

(3.) Learned Counsel for the appellants submits that as the first application for reference was declined by the Central Government, the matter became fate accompli and no useful purpose would have been served even if the appellants had gone to the appropriate Government seeking a reference. When we asked the learned Counsel that can a direction be issued by this Court to the Central Government to make a reference in absence of any application to the appropriate Government or in absence of the demands raised by the disgruntled or dissatisfied workmen, the learned Counsel for the appellants submitted that in view of the parity, such Writ Applications are maintainable. His submission is that the High Court, while exercising its power under Article 226 of the Constitution of India, is competent to issue a direction to the Central Government to make a reference in relation to the demands raised in these Writ Applications. It was also submitted that in the Civil Application, a demand has been made that the appropriate Government/Central Government be asked to make a reference, therefore, the High Court can issue such a direction.