PIX TRANSMISSIONS LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. By consent, Rule made returnable forthwith. Heard both the sides.

(2.) THE only issue which arises for consideration in this case is that after the Failure Report was submitted by the Conciliation Officer on 22nd December, 1997, to the Government of Maharashtra, subsequent thereto, settlements outside the conciliation took place between the petitioner and the work of petitioner company, through respondent Nos. 3, 4 and 5 Unions, on 4-5-1998, 4-7-1998 and 7-12-1998, under section 2 (p) of the Industrial Disputes Act, 1947. Although the abovesaid events were placed before the appropriate authority, the appropriate authority, before issuing the order of reference on 12-7-1999, has obviously not taken those relevant facts into account to address itself to the issue as to whether there was any subsisting industrial dispute which was required to be referred for enquiry to the Industrial Court. From plain reading of the order of reference dated 12th July, 1999, it is not possible to comprehend that the appropriate authority has considered this aspect of the matter at all.

(3.) THE Counsel for the petitioner, therefore, submits that by virtue of the aforesaid three settlements, workers to the extent of 86% of the total strength of 411 workmen, are already covered; and all the disputes have been amicably resolved by virtue of the said settlement executed under section 2 (p) of the Act. He, therefore, submits that since there was no subsisting dispute between the parties on the date when the reference order came to be issued on 12th July, 1999, the appropriate authority had no jurisdiction to pass the said order. In this connection, reliance has been placed on the decision of the Apex Court reported in (National Engineering Industries Ltd. v. State of Rajasthan), 2000 (1) L. L. J. 247. In para 26 of the said decision, the Apex Court has observed that if there is no industrial dispute in existence or apprehended, appropriate Government lacke power to make any reference.