UNITED LABOUR FEDERATION Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) G.O.Ms.No.67, Department of Labour and Employment, dated 21.02.2013 declining to refer the Industrial Dispute raised by the petitioner herein, is under challenge in this writ petition.

(2.) The second respondent herein has a factory at Sholingur, where it manufactures break systems for vehicles. 25 workers involved in the writ petition had been working under the second respondent. At the time of their engagement, no appointment orders were issued. They were paid wages in the name of the third respondent. The nature of the work was that of unloading the scrap and bundling the same, which would be integral to the manufacturing process of the second respondent factory.

(3.) The learned counsel appearing for the petitioner submitted that the impugned Government Order is vitiated by non-application of mind and that it would amount to usurping the function of judicial fora constituted under the Industrial Disputes Act. In other words, it is contended that the function and power of the Government with reference to the referring the Industrial Dispute is administrative in nature and that it is not open to the Government to enter into adjudication of the dispute.