A NARAYANA RAO Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) PETITION under Article 226 of The Constitution of India, praying to issue a writ of certiorarified mandamus, to call for the records of the 1st respondent No.L-11012/60/99-IR (C-I) dated 2.12.99 and quash the same thereby directing the first respondent to refer the petitioner's dispute for adjudication before the Industrial Tribunal, Chennai in accordance with law. This writ petition has been filed, challenging the order of the Central Government dated 2.12.1999. By the impugned order, the first respondent, while exercising the power under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the I.D. Act"), refused to refer the industrial dispute relating to regularization of the petitioner, who was an ex employee of Air India Corporation/second respondent herein. The reason found in the impugned order is as follows:- " It is reported that the workman remained deployed from time to time during the period from 1982-1988 and never beyond 165 days in any particular year on a works of casual and contingent nature. The dispute has been raised after a lapse of ten years after his last deployment. Hence no ID subsists." (Emphasis added)

(2.) IT is seen from the records that the petitioner raised the industrial dispute before the Assistant Labour Commissioner(Central) under Section 2A read with Section 11 of the I.D. Act through his petition dated 12.4.1999. Notice was issued to the second respondent. The second respondent filed its reply to which, the petitioner had filed a rejoinder. Since the Conciliation Officer could not bring about any mediation, he sent his failure report to the Central Government vide his report dated 17.8.1999.

(3.) LEARNED counsel placed reliance upon the judgment of the Supreme Court in the decision reported in the case of Asstt. Engineer, Cad V. Dhan Kunwar ((2006) 5 S.C.C. 481). In the said judgment, the Supreme Court held in paragraph 6 that in a matter of reference is concerned, no formula of universal application can be laid and it would depend on facts of each case.