SECRETARY Vs. EXECUTIVE DIRECTOR

JUDGEMENT

(1.) This writ appeal is directed against the order, dated 17.07.2017, passed in W.P. (MD) No. 2330 of 2017, filed by the first respondent, Executive Officer, Bharat Heavy Electricals Limited (BHEL), Tiruchirapalli. The said writ petition was filed challenging the order passed by the Central Government Industrial Tribunal-cum-Labour Court (CGIT) in I.D. No. 121 of 2015, dated 11.01.2017.

(2.) The Writ Court, by the impugned order, allowed the writ petition, holding that the CGIT was required to decide as to whether there exists a dispute regarding the existence of employer-employee relationship between the petitioner and the second respondent, at the time of seeking reference before the Government. The CGIT was also required to go into the issue, whether the appellant herein can be permitted to raise such an important issue for the first time before the CGIT, so as to justify the reference, even though the existence of dispute, is not prima facie made out, when the reference was made by the Government as per the direction of the Court in the first writ petition filed by the appellant. Thus, the Writ Court concluded that the CGIT has failed to consider two important issues as mentioned above, which are relevant to decide the preliminary issue. As per the direction of the Court in the earlier writ petition.

(3.) For such reason, the writ petition filed by the BHEL was allowed and the order passed by the CGIT was set aside and the matter was remitted to decide the preliminary issue, whether the order of reference made by the Central Government is maintainable, after framing the two issues that were referred to in the writ order and then decide the preliminary issue one way or other after giving adequate opportunities to both sides. Time limit of three months was fixed for the CGIT to comply with the direction.