GENERAL MANAGER WESTERN COALFIELDS LTD Vs. SUMIT MULLICK

JUDGEMENT

(1.) The matter is part heard. It was adjourned on 25.9.2012 and 26.9.2012 to enable the parties to further assist the Court. Today, respective Counsel have completed their arguments. This petition under Articles 226 and 227 of the Constitution of India is filed by the employer-Western Coalfields Limited against the Divisional Commissioner, Amravati Division, Amravati (in person) and four Trade Unions as also some individual workmen against the award, dated 16.7.2001 passed by respondent No. 1 - Shri Sumit Mullick, the then Divisional Commissioner of Amravati after industrial dispute was referred to him.

(2.) For deciding the present controversy, it is not necessary to delve deep into facts. On 8.5.2001 the petitioners had communicated to respondent No. 1 Divisional Commissioner, Amravati Division, Amravati the fact that they have already submitted statement of claim. Respondent No. 1 has been mentioned as an Arbitrator in earlier communication dated 28.3.2001. The said communication is on the subject of arbitration in case of so-called sons-in-law. The letter mentions that Trade Union and the concerned dismissed employees have agreed to terms of reference and those terms are as under :

(3.) Thus, it is obvious that dismissal of those respondents by the petitioners on the ground that employment provided to them as sons-in-law was not proper formed the subject of arbitration proceeding. The parties do not dispute that an industrial dispute was thus referred to arbitration to respondent No. 1.