CHIEF EXECUTIVE OFFICER Vs. DEPUTY COMMISSIONER OF LABOUR

JUDGEMENT

(1.) THE question, that is to be considered in this writ petition, is whether the reference made by the Deputy Commissioner of Labour by his order dated 26 -2 -1993, holding that there is an industrial dispute and referring the dispute to the Labour Court, was valid and legal in law?

(2.) THE following facts would highlight the controversy :

(3.) WHAT is an industrial dispute is fortunately not left to the imagination and is provided for by Section 2(k) of the Industrial Disputes Act, wherein it is provided that the 'industrial dispute' means any dispute or difference between employer and employers, or between employers and working men, or between workmen and workmen, which is connected with the employment or with the conditions of labour, of any person. The present dispute is regarding the dismissal. According to Respondent No. 2 who is a workman, the said dismissal is illegal. It is obvious that the said dismissal is ordered by the inquiry officer of the petitioner which admittedly is an industry. Therefore, there is undoubtedly a dispute between the workman and the employer regarding the employment. It, therefore cannot be said that there is no industrial dispute at all.