PASCHIM RAILWAY KARMACHARI PARISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) .By way of filing this petition under Article 226 of the Constitution of India, the petitioners have challenged the order dtd.21/8/2000 (Annexure-C) denying to make Industrial Reference on the ground that No work no pay. Hence there is no question of payment for absconding period. As documents submitted by the management during the proceedings, it is clear that the workman was put on light job. Hence no dispute.

(2.) As per the say of the petitioners, the petitioner No.1 is a General Secretary of Paschim Railway Karmachari Parishad, a Trade Union registered vide Registration No.25 of 1965 and affiliated to Bhartiya Railway Mazdoor Sangh (BRMS), and BAMS having several branches on the Western Railway and representing the problems and grievances of the railway employees before the appropriate forum. The petitioner No.2 is Khalasi and working on the Bhavnagar region of the Western Railway under the control of the respondent NO.2. On account of some grievances, the petitioner No.1 raised a dispute and the same was forwarded to the respective respondents. On receipt of strike notice, the Assistant Commissioner (C), Adipur, started conciliation proceedings and submitted failure report to the Desk Officer - respondent No.5

(3.) Learned counsel for the petitioner has mainly argued that the conciliation officer has gone into the merits of the dispute and has decided and adjudicated the dispute. He has further argued that the Government has no authority to go into the merits of the matter and adjudicate the dispute. It is for the Industrial Tribunal to decide the dispute and not the respondent No.1.