GOA SHIPYARD WORKERS UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) On 3rd May, 2010 notice for final disposal at the admission stage was issued. Rule. Respondents waive service. Taken up for hearing.

(2.) The challenge in this petition under Article 226 of the Constitution of India is to the communication dated 17th November, 2009 issued by the Desk Officer, Ministry of Labour, Government of India. By the said communication, the prayer made by the petitioner for referring industrial dispute for adjudication of the Industrial Tribunal in accordance with section 12(5) of the Industrial Disputes Act, 1942 (hereinafter, referred to as "the said Act") has been rejected.

(3.) The petitioner is a trade union of the workmen of the third respondent Goa Shipyard Limited. The petitioner claims that it represents a substantial number of workmen of the third respondent. The third respondent is an undertaking of Government of India. It is stated that about 1000 workmen are employed by the third respondent.