HAFEEZULLAKHAN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) THE petitioner No. 1, an employee of Life Insurance Corporation of India, who was employed as an assistant in the Divisional Office, Indore, along with the Union, have preferred this petition under Articles 226/227 of the Constitution of India, for quashing of the order, annexure C, passed by the Government of India, Ministry of Labour, Office of the Assistant Labour Commissioner (Central), Bhopal, whereby the appropriate Government refused to refer the industrial dispute for adjudication to the Central Government Industrial Tribunal- cum-Labour Court.

(2.) FACTS leading to this petition are that petitioner No. 1 was charged-sheeted on 31st January, 1983, for the charges levelled against him therein. After the domestic enquiry, the Divisional Manager imposed a penalty of deduction of salary to the minimum of time scale applicable to the workman. The workman preferred an appeal to the Zonal Manager, who rejected the same. The petitioner then again preferred another appeal to the Central Zone of the LIC of India. The Chairman of LIC of India modified the order of punishment into one of reduction of basic pay by three steps in the scale as applicable to the workman. Aggrieved by this, petitioner No. 1 through his Union, petitioner No. 2, raised an industrial dispute before the Conciliation Officer, who was seized of the matter. After notice, respondent No. 1 opposed the dispute and contended that there is no case on merits for referring the dispute for adjudication of the Tribunal. As no settlement was arrived, the appropriate Government, after considering merits of the dispute, refused to refer the same, holding that there is no merit in the case of the workman. It is this order, which has been challenged by the petitioners under Articles 226 / 227 of the Constitution of India.

(3.) SHRI B. K. Pradhan, learned counsel for the petitioners, and Shri C. S. Chhazed, learned counsel for respondent No. 2, LIC of India, agreed for hearing of the petition on merits finally at the admission stage only. Counsel heard.