KASHINATH V GAUNS; KADAMBA TRANSPORT CORPORATION WORKERS UNION Vs. KADAMBA TRANSPORT CORPORATION LIMITED; UNDER SECRETARY, INDUSTRIES & LABOUR; STATE OF GOA; UNION OF INDIA

JUDGEMENT

(1.) This petition challenges the communication bearing No.28/48/84-ILD dated July 28, 1984 made by the Under Secretary, Industries and Labour Department, whereby the industrial dispute raised by the petitioners has been refused to be referred to the Industrial Tribunal under Section 10(1)(d) of the Industrial Disputes Act, 1947.

(2.) On behalf of the petitioner his Union took up the labour dispute before the Assistant Labour Commissioner and it is common ground that the respondent No. 1 Corporation did not appear before the Assistant labour Commissioner. A Conciliation Failure Report dated May 28, 1984 was submitted to the Government and the Government made the impugned communication dated July 28, 1984 which read thus:

(3.) Mr. Sonak, learned counsel appearing for the petitioner in challenging this communication while highlighting various deficiencies in the matter of the inquiry held by the Divisional Traffic Officer has contended before us that it was not open to the Government to have refused to refer the dispute to the Tribunal by deciding the merits of the dispute between the petitioner on one hand and his employer namely the respondent No.1 Corporation on the other There is great merit in what is contended before us by the learned counsel.