ASBESTOS JANATA MAZDOOR UNION Vs. ENTERNIT EVEREST LTD

JUDGEMENT

(1.) This is an appeal filed under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 13.2.2006passed by the learned Single Judge in Writ Petition No. 883/2004 under Article 226 of the Constitution.

(2.) The facts relevant for disposing of this appeal briefly are that the appellant No.1, which is a registered trade union of employees of the establishment of respondent No.l at Katni, raised an industrial dispute relating to the service conditions of the employees of the respondent No. 1. After conciliation proceedings failed, the State Government passed an order dated 22.3.1997 making a reference of 29 subjects of dispute to the Industrial Court under Section 51 of the Madhya Pradesh Industrial Relations Act, 1960 (for short 'the Act1) which was registered as Reference Case No.3/97. During the pendency of the reference, the appellant No. 1 ceased to be the Representative Union of the employees of the undertaking of the appellant in May, 1998 and the employees formed a Coordination Committee. On 20.10.1999 a settlement was entered between the Coordination Committee of the employees and the management of the respondent No.l in presence of the Labour Officer and the management filed an application before the Industrial Court for passing an award in terms of the settlement dated 20.10.1999. The reference was amended by the State Government and the Labour Officer was authorised by the State Government to represent the employees of the respondent No.2 before the Industrial Court.

(3.) The appellant No. 1 then filed Writ Petition No .2043/2001 before this Court in which the Court passed orders on 30.11.2001 directing the Labour Officer not to enter into any compromise with the management of respondent No.l and authorised the appellant No. 1 to remain present on each day of the proceeding before the Industrial Court. Appellant No.2 who was working as Temporary Substitute Pool (TSP) employee filed an application before the Labour Court to classify him as a permanent employee and also filed an application under Section 10 of the Code of Civil Procedure, 1908 before the Industrial Court in Reference Case No.3/97 for stay of the reference proceedings, but the Industrial Court dismissed the application. The appellant No.2 then moved this Court in W.P. No.6984/2002 and the Court disposed of the writ petition by order dated 17.3.2003 with the direction that the application filed by the appellant No.2 before the Labour Court shall remain stayed till decision in the reference application by the Industrial Court and if the grievance of the appellant No.2 remains unredressed by the decision of the Industrial Court in the reference case, the Labour Court will decide it in accordance with law and the appellant No.2 will be free to participate in the reference proceedings to protect his interest.