ALLAHABAD BANK EMPLOYEES UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-union raised a demand on behalf of the workmen of the second respondent bank that after retirement of "Officer Head Cashier" from Fort, Bombay Branch on 31st July, 1983, the management wanted to fill up the vacancy from Officers cadre only thus depriving the rights of the workmen which should not be permitted. In this demand of the petitioner- union, the Assistant Labour Commissioner-(C)II, Bombay submitted a failure report under Section 12(4) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). The Government of India (first respondent) refused to make a reference about the demand of the petitioner by their order dated 22nd August, 1985 which has been impugned by the petitioner- union in this petition under Article 226 of the Constitution of India.

(2.) Now, after a Conciliation Officer submits a failure report under Section 12(4) of the Act, the appropriate Government is required to consider whether a reference should or should not be made to the appropriate authority. Sub-section (5) of Section 12 of the Act provides:

(3.) In our case, the first respondent passed the following order refusing to make a reference under Section 10(1) read with Section 12(5)of the Act.