PROJECT DIRECTOR Vs. DISTRICT GENERAL WORKERS

JUDGEMENT

(1.) THE grievance of the Writ Appellant is that the learned Single Judge having held that the Court cannot go into the disputed question of fact relating to employer and employee relationship, proceeded to grant them relief under Section 33(1)(a) of the Industrial Disputes Act. It is also his grievance that, when admittedly, there is an effective alternative remedy, before a forum which can decide questions of fact, the jurisdiction under Article 226 of the Constitution of India cannot be invoked.

(2.) THE Appellant is a unit of Nuclear Fuel Complex, Department of Atomic Energy, Government of India, Palayakayal, Tuticorin District. Because of the strategic importance attached to the Nuclear Fuel Complex, Department of Atomic Energy, the Department is directly under the control of the Prime Minister of India and according to the Appellant, there are some very special provisions such as (a) exemption from UPSC for recruitment/promotions, (b) exemption from DGS & D for procurement of materials, (c) exemption from approaching CPWD for construction activities. According to the Appellant, therefore, the security issue of this Department is highly sensitive one and all the operating units in this Department are guarded by para military forces like Central Industrial Security Force.

(3.) LEARNED Single Judge after hearing the submissions made on both sides, held that -the Petitioner, Second and Third Respondents have come forward with certain rival claims in respect of employer-employee relationship this Court cannot go into all these aspects at this stage as all the disputes are pending in the Conciliation proceedings before the First Respondent. It is for the Petitioner as well as for the Second and Third Respondents to establish their respective claim before the Conciliation Officer.- After having held so, the learned Single Judge proceeded to issue the directions as prayed for.