(1.) BY this application under Articles 226 and 227 of the Constitution, the petitioner seeks a writ of certiorari for quashing a determination of the Presiding Officer of the Labour Court, Jabalpur, holding that the references of two disputes made to the Labour Court by the State Government under Section 10 (1) of the Industrial disputes Act 1947, are illegal and without jurisdiction.
(2.) THE matter arises thus. Two persons, Ramdas and Abdul Latif, were in the employment of the non-applicant No. 1, the Amar Kamgar Passenger Transport company Co-operative Society, Sagar, registered as a Co-operative Society under the M. P. Co-operative Societies Act, 1960, (hereinafter called the Act ). The services of these two employees were terminated by the respondent-Society. The two employees and the petitioner, a union of employees engaged in motor transport industry at Sagar, feeling aggrieved by the action of the respondent-Society in terminating the services of Ramdas and Abdul Latif, raised a dispute. Ultimately in June 1965 the Government referred the dispute to the Labour Court for adjudication. The dispute referred for adjudication in the case of Abdul Latif was" whether there exists a case for reinstatement of Shri Abdul Latif son of abdul Rahim Driver with back wages? If not, the relief to which he is entitled?" A similar dispute was referred to the Labour Court for adjudication in the case of Ramdas.
(3.) BEFORE the Presiding Officer of the Labour Court, the respondent-Society raised the preliminary objection that the Government had no power to refer the dispute under Section 10 of the Industrial Disputes Act, 1947, inasmuch as the disputes about the termination of services of Abdul Latif and Ramdas and their reinstatement were one which under Section 55 (2) of the Act the Registrar of Cooperative societies or any officer appointed by him, not below the rank of assistant Registrar, could alone decide, This objection was upheld by the Presiding officer who accordingly refused to adjudicate upon the disputes referred to him,