EXECUTIVE ENGINEER BOILER MAINTENANCE C DIVISION POWER STATION Vs. PRESIDING OFFICER LABOUR COURT U P

JUDGEMENT

(1.) By means of present writ petition under Article 226 of the Constitution of India , the petitioners-employer challenges the award of the Labour Court, U.P., Agra dated 22nd December, 1984, copy whereof is annexed as Annexure-'11' to the writ petition.

(2.) In short, the brief facts of the present case are that the State Government in exercise of power under Section 4-K of the U.P. Industrial Disputes Act, 1947 (In short 'the Act') have referred the following matter for adjudication to the Labour Court.

(3.) The Labour Court has issued notices to both the employer as well as the workman concern and both the parties have exchanged their pleadings before the Labour Court. The employer raised some preliminary objection that since the cause which has been espoused for the workman concern is by a union which is unregistered, therefore the reference is bad in law. In reply, the workman concern submitted before the Labour Court that since the employer has not raised any such objection before the conciliation proceedings, therefore now they are stopped from raising the same. The Labour Court has rejected the objection raised on behalf of the petitioners-employer regarding maintainability or the competence of the Labour Court to decide the reference. With regard to the aforesaid preliminary objection, learned counsel for the petitioners-employer extraneously argued that since the cause has not been espoused by a registered union, therefore the reference is bad and so far as the award, it deserves to be quashed by this Court.