ORISSA KENDUPATRA KARMACHARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Orissa KEndupatra Karmachari Sangh (hereinafter called 'the union') a trade union registered under the Indian Trade Union Act, 1926 has filed this application under Articles 226 and 227 of the Constitution of India for quashing of the order of the State Government, dated 7. 1. 1983 refusing to refer the demands raised by it for adjudication by the Industrial Tribunal (Annex. -2) to the writ petition. The gist of the facts relevant for the present proceeding is that the members of the petitioner -Union are workmen employed by the Additional Chief Conservator of Forest (Kendu Leaves), opposite party No. 2, in the Kendu Leaves trade, monopoly right whereof is vested with the said opposite party No. 2. The Union submitted a charter of demands of 21 items to bring about improvement in conditions of service of the employees in the industry. The employer, opposite party No. 2, paid no heed to the said demands. TheUnion then raised the dispute before the conciliation officer. The conciliation proceeding too ended in failure and the conciliation officer submitted a failure report (Annex. -l to the writ petition). The State Government in the Labour Department which is the competent authority to consider the question of making a reference to the Tribunal under Sections 10(1) and 12(5) of the Industrial Disputes Act failed to take action as required under law. Hence, the petitioner -Union approached this Court with a writ petition O. J. C. No. 1972 of 1982 which was disposed of on 17. 11. 1982 with a direction to the State Government to take a decision on the conciliation failure report within two months from the date of the order. In pursuance to the said direction the State Government passed the impugned order negativing the claim of the petitioner -Union, for a reference to the Tribunal.

(2.) THE impugned order is challenged on the ground that it suffers from non -application of mind and the reasons given by the State Government for refusal to refer the disputes to the Tribunal are not relevant and germane to the matter in issue.

(3.) In the result, the writ application succeeds in part and the impugned order, so far as it concerns demands, mentioned against items 1, 8, 9, 11, 12, 13, and 15 is set aside. The opposite party No. 1 is directed to reconsider the question of reference to the Industrial Tribunal in respect of the aforesaid items and pass appropriate orders in accordance with law within a period of two months from to -day. ,In the circumstances, of the case there will be no order for costs of this proceeding. J.K. Mohanty, A.C.J.