NATIONAL FEDERATION OF TELECOM EMPLOYEES BSNL UNION Vs. CHIEF GENERAL MANAGER TELECOM FACTORY BHARAT SANCHAR NIGAM LIMITED DEONAR

JUDGEMENT

(1.) THE petitioner is a Federation of Telecom employees of the Bharat Sanchar Nigam Ltd. Union registered under the Trade Unions Act, 1926, functioning in the establishment of the respondent No. 1 at Telecom Factory. The petitionei is aggrieved by the impugned decision of the respondent No. 3 refusing to refer the industrial dispute raised by the petitioner for adjudication under the provisions of the Industrial Disputes Act, 1947 (for short i. D. Act ). The petitioner has challenged the said decision of the respondent No. 3 under Article 226 of the Constitution of India and has prayed that the same be quashed and set aside and the dispute be referred for adjudication under section 10 (l) (c) of the I. D. Act.

(2.) SINCE the industrial dispute raised by the petitioner concerns a large number of employees of the establishment of the respondent No. 1 and since it only relates to simple demand of the workmen represented by the petitioner that they have raised an industrial dispute which existed and the same should be adjudicated by the Industrial Tribunal under the provisions of the I. D. Act and since the petitioner union had also given a strike notice to protest against the said decision of the respondent No. 1 to withdraw the existing benefit which the workmen/employees were enjoying under the existing circular dated august 1, 1997, we thought it proper to hear and finally dispose of this petition at this stage itself to put at rest the unrest which was created by the impugned circular dated May 8, 2002 withdrawing the benefit enjoyed by the employees and subsequent decision of the government denying adjudication of their demands. We have, therefore, heard the matter finally by consent of both the parties.

(3.) THE respondent No. 1 has filed his affidavit-in-reply. He has dealt with the dispute on merits inter alia opposing any relief to be granted to the petitioner union. It is clarified that we have refrained ourselves from dealing with the merits of the industrial dispute and have restricted to the relief sought by the petitioner seeking reference of its industrial dispute for adjudication to the Industrial Tribunal under the provisions of the Act. It would be for the adjudicating authority to decide the industrial dispute on the basis of the evidence and material that would be produced by the authorities in accordance with law.