MOHAN CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Shukla, J. Petitioners, who are eight in number, have field present writ petition, questioning the validity of order dated 26/28-7. 2003 and 30. 12. 2003, Annexures 5 and 9 respectively, wherein Deputy Labour Commissioner exercising delegated authority of State Government has refused to refer the dispute to the Labour Court for being adjudicated under Section 4-K of the U. P. Industrial Disputes Act, 1947.

(2.) FACTS, in brief, of the case are that petitioners claim that they were employees of Pratappur Sugar and Industries Limited, Pratappur, Deoria with effect from 2. 12. 2002 and they had been restrained from working and ultimately, they were taken out of job without any notice or wages in lieu of notice. Separate applications were moved before the Conciliation Officer intimating/complaining the disengagement. On said applications being moved, C. P. Case Nos. 1 to 16 were registered on 3. 3 2003 and notices were issued to petitioners and the Manager of the establishment concerned by the Conciliation Officer. Petitioners submit that pursuant to said notices, written statement was filed and thereafter impugned order has been passed refusing to refer the dispute, and mentioning therein that since the workmen were not able to produce any document in relation to their employment and the same is not on record book. Petitioners filed review application in order to show and establish that they were workmen. Pending review application, petitioners submit that State Government on 20. 11. 2003 has referred the dispute of 129 persons (Reference No. 2 (13) of 2003), including petitioners, for payment of bonus. However, review application has also been dismissed. At this juncture present writ petition has been filed.

(3.) LEARNED Standing Counsel, as well as Sri V. K. Singh, Advocate, appearing for Pratappur Sugar and Industries Limited, on the other hand, contended with vehemence that in the present case rightful order has. been passed and no interference is required.