SRINIVASAN Vs. ASSISTANT LABOUR COMMISIONER CENTRL

JUDGEMENT

(1.) THE only point that arises in this writ petition is whether the industrial dispute can be entertained by respondent 1 herein.

(2.) A few facts which are necessary for appreciating this question are the following : the petitioner is an employee of the singareni Collieries at Kothagudem, and also the general secretary of the Tandur Coal mines Labour Union of which there are about fifteen thousand members who are all workman working in the collieries. This labour union has also been recognized by the management. The petitioner had put in thirty years of service. He is working in the Office of the Chief engineer which is situated on the surface of the mine.

(3.) THERE was a dispute regarding the reduction of the holidays from 24 to 16 raised on 4/7/1975, by the labour union. The conciliation meeting held on 8/10/1975, ended In a failure to bring about any conciliation. Before that date, the management issued a notice under S. 9 A of the Industrial disputes Act reducing the holidays from 24 to 16. On 8/10/1975. itself the petitioner was transferred from Kothagudem to another place called Ramagundam. The effect of this transfer was that he would be governed by the conditions of service at ramagundam, which are some-what different from those prevailing at Kothagudem. The petitioner says that under CI. 15 of the standing orders of the company, no employee should be transferred from place to place if the said transfer causes any prejudice to the service conditions and that when conciliation proceedings are pending. Sec. 33 of the Industrial disputes Act is a bar for the alteration of any conditions of service without the consent of the Conciliation Officer. With these averments, the petitioner raised a dispute on 13 and 14/10/1975. The Conciliation Officer (respondent 1)fixed 22/10/1975, as the date of hearing. The management (respondent 2 herein) in their counter filed on 16/10/1975, stated in main that the petitioner is not an employee of the mine and as such, the central Government (Labour Commissioner)will not have any jurisdiction to go into any dispute.