SABAL MAZDOOR MANCH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition is directed against the order dated February 15, 1992 passed by the Assistant Labour Commissioner refusing to refer the dispute for adjudication. It was not explained as to when the dispute arose whether the Trade Union was registered or not. Now the learned Counsel for the petitioner fairly submits that the Trade Union was not registered. In this case the reference has been rejected and it has been provided in the impugned order that individual workmen may raise their grievance.

(2.) Learned Counsel for the petitioner submits that under Section 4-K of the U.P.I.D. Act a reference to the Labour Court can be made in case of apprehended dispute or existing dispute. In the impugned order it has been found that the dispute is existing but at the time when the dispute arose the Trade Union was not in dispute, therefore, the existence of dispute was very much there and that is why the State Government gave liberty to the individual workmen to raise their dispute.

(3.) Learned Counsel for the petitioner submits that it was well within the competence of the State Government under Section 4-K to have referred the dispute without asking any application from the individual members, as the existence of dispute was very much there, ignoring the reference made by the unregistered Trade Union.