SHEELABAI BHIMRAO TELTUMBDE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally at the stage of admission as indicated in our previous order dated 6-10-2006. Perused L. P. A. Facts :

(2.) This petition is directed against the order of the learned Single Judge dated 14-2-2006 passed in Writ Petition No. 3515 of 1998 wherein the order dated 1-9-1998 passed by the Assistant Commissioner of Labour (Central) , nagpur refusing to make reference of the dispute between the employer and employee holding that the employee-Central Integrated Pest Management Centre, nagpur is not an industry. Submissions :

(3.) Learned Counsel appearing for the appellant submits that while exercising powers under section 10 of the Industrial Disputes Act, it was not open for the Assistant Commissioner of Labour (Central) , Nagpur to decide dispute itself holding that the Central Integrated Pest Management Centre, nagpur is not an industry. In his submission, the issue whether or not that particular establishment is an industry would be within the jurisdiction of the tribunal if reference is made and not within the jurisdiction of the Assistant commissioner of Labour (Central) , Nagpur that too while deciding the question whether or not the industrial dispute exists. Learned Counsel would submit that the reference could not have been rejected for the reasons to be recorded. At any rate, while rejecting the reference no finding with respect to the status of employer could have been given. In this view of the matter he submits that the impugned order of the learned Single Judge affirming the action of Central government is liable to be quashed and set aside.