EVEREST HOMOEO LABORATORY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner has prayed to set aside the reference dated 05.07.2014 of the Government of Odisha, Labour and E.S.I. Department made under the provisions of sub-section (5) of Section 12 read with clause (c) of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (in short "I.D. Act")

(2.) The Petitioner is the management of M/s.Everest Homoeo Laboratory, a registered partnership firm situated in the district of Balasore.

(3.) Opposite Party No.5-Everest Homoeo Employees Union, a union of workers stated to be an unregistered union, raised certain demands relating to hike of wages of the workmen in terms of Minimum Wages Act. Sri Jayanta Kumar Dey and 13 other workmen submitted the demand to the Assistant Labour Commissioner, Balasore and in course of action in pursuance to the provisions of the I.D. Act, the conciliation proceeding was initiated. As no consensus has been arrived, failure report dated 19.2.2013 was prepared by the Assistant Labour Officer, Balasore and was sent for action in terms of Section 12(4) of the I.D. Act. Subsequently on 6.9.2013, a revised report was prepared and was sent. Basing on the same, the reference dated 5.7.2014 was made and referred for adjudication to the Presiding Officer, Labour Court, Balaosre. The schedule of reference runs as follows: