ASHOK KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Sri Subodh Kumar Verma holding brief of Mr. Abdul Moin for the Petitioner and Sri Syed Hussain for opposite party Nos. 1 to 3.

(2.) The Petitioner has approached this Court for quashing of the order dated 16.11.1999, passed by Government of India, Ministry of Labour, as contained in Annexure-9 to the writ petition. By this order, the Central Government rejected the Petitioner 's request for referring the dispute between the management of All India Radio, Lucknow and Ashok Kumar, the Petitioner who was a casual labourer. The ground shown, for such a rejection is that the Petitioner approached the Central Government after a lapse of 12 long years. The Petitioner submitted that this order is erroneous and arbitrary inasmuch as the Central Government failed to appreciate the complete facts regarding delay. In fact, the reference letter sent by Assistant Labour Commissioner (Central), Lucknow did not contain enough material so that the Central Government could appreciate the correct facts.

(3.) Petitioner submitted that he had originally filed the writ petition in the year 1990 which was later on dismissed as withdrawn on 21st April, 1992 but with a permission to file Original Application before the Central Administrative Tribunal. In compliance of High Court orders the Petitioner approached the Central Administrative Tribunal on 11.5.1992. The Original Application was accepted by Central Administrative Tribunal on 11.5.1992. Lateron, Hon'ble Supreme Court in a case of All India Radio and Ors. v. Santosh Kumar and Anr., 1998 3 SCC 237 , held that All India Radio and Doordarshan falls within the meaning of Section 2(j) of Industrial Disputes Act. In view of the dictum of Hon'ble Supreme Court, the Original Application of the Petitioner was dismissed by the Central Administrative Tribunal, Allahabad Circuit, Bench, Lucknow after holding that the Tribunal has no jurisdiction to enteratin the above application and the matter comes under the Industrial Disputes Act.