MORMUGAO WATERFRONT WORKERS UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. By consent, the Rule is made returnable forthwith. Learned Asst. Solicitor General waives service for respondent No.1 and Learned Addl. Govt. Advocate waives service for respondent No.2. Heard.

(2.) By this petition, the petitioners challenge the communication dated 7th October, 2009 issued by the respondent No.1, declining to make a reference of an industrial dispute for adjudication. By a letter dated 27th December, 2008, the petitioner Union informed to the Asst. Labour Commissioner (C) that two workmen, namely Shri Paul Gomes and Shri Raghoba Kotkar who were working in the respondent No.2 continuously from September, 2006, were not made permanent. The Petitioner Union raised an industrial dispute regarding their permanency and requested the Labour Commissioner to initiate conciliation proceedings and resolve the issue at the earliest. It appears that, thereafter, the respondent No.2 terminated the services of the said two persons and the said fact was also communicated to the Asst. Commissioner of Labour by the petitioner Union vide its letter dated 4.2.2009.

(3.) Notices of conciliation proceedings were issued, but the respondent No.2 remained absent. The Labour Commissioner, accordingly, submitted a failure report. Thereupon, a request was made by the petitioners to the respondent No.1 for making a reference to the Industrial Tribunal for adjudication. The said request was rejected by the respondent No.1 by observing "The workmen were appointed on contract basis only and an agreement dated 1st July, 2006 was also signed between the workmen and the management to this effect. Hence dispute raised does not subsist."