BOARD OF TRUSTEES Vs. SECRETARY, GOVERNMENT OF INDIA

JUDGEMENT

(1.) The three writ petitions involve a common issue and as such they are taken up for consideration together. The only issue that comes up for consideration is whether the three references of the dispute to the Industrial Tribunal made by the Central Government could be made at all without the Central Government, at first, determining the actual relationship between the management of Kolkata Port Trust and the retrenched workmen.

(2.) Before looking into the orders of reference, it is necessary to look into certain facts which are on record. The writ petitioners in all the three matters are Board of Trustees for the Port of Kolkata. The respondents in WP No.4376(W) of 2014 are (1) The Secretary, Government of India, service through the Regional Labour Commissioner (Central), (2) Regional Labour Commissioner (Central), (3) Deputy Chief Labour Commission (Central), (4) Kolkata Port Contractors Labour Congress, (5) ABG Haldia Bulk Terminal Pvt. Ltd., (6) The Central Government Industrial Tribunal. The respondents in WP No.37504(W) of 2014 are (1) The Secretary, Government of India, service through the Regional Labour Commissioner (Central), (2) Regional Labour Commissioner (Central), (3) Deputy Chief Labour Commission (Central), (4) Nationalist H.D.C. (CPT) Thika Sramik Mazdoor Union Sansad Kariyaloy, (5) ABG Haldia Bulk Terminal Pvt. Ltd., (6) The Central Government Industrial Tribunal. Lastly, the respondents in WP No.19053(W) of 2014 are (1) The Secretary, Government of India, service through the Regional Labour Commissioner (Central), (2) Regional Labour Commissioner (Central), (3) Deputy Chief Labour Commission (Central), (4) Nationalist H.D.C. (CPT) Thika Sramik Mazdoor Union Sansad Kariyaloy, (5) ABG Haldia Bulk Terminal Pvt. Ltd., (6) The Central Government Industrial Tribunal and (7) Union of India, through the Secretary, Ministry of Labour and Employment, Government of India. ABG Haldia Bulk Terminal Pvt. Ltd. is the respondent no.5 in all the three writ petitions.

(3.) It is noticed from the records that although ABG Haldia Bulk Terminal Pvt. Ltd., being respondent no.5, was put on notice, they never entered appearance at any stage of the present proceeding.