ROURKELA WORKERS UNION Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Article 226 and 227 of the constitution of India by the Rourkela Workers Union, a trade union functioning in the Rourkela Steel Plant for quashing the order of the State Government dated 20.3.1978 (Annexure -4) refusing to refer an in Mistrial dispute for adjudication under the provisions of the Industrial Dispute Act.

(2.) THE petitioner Union submitted a 14 point charter of demands to opposite party No. 2 M/s. Hind Timber Mart. Rourkela. The petitioner Union moved opposite party No. 2 several times from 1974 and finally on 19.8.976 for lifting the lock -out and settling the disputes and sent a copy of all the Setters including the last fetter to opposite party No. 3 the Assistant Labour Officer. Rourkela, vide Annexure -1. Opposite party No. 3 initiated a conciliation proceeding and called upon both the parties to state their case. Opposite Party No. 2 refused to participate in the proceeding. ding Opposite party No. 3 by his report dated 1.11.1977 reported failure of the conciliation vide Annexure -3 to the State Government opposite party No. 1. The State Government in the Labour, Employment and Housing Department on a consideration of the above report of the Assistant Labour Officer intimated the petitioner that 'the State Government are satisfied that there is no case for reference of the dispute for adjudication as the Union failed to substantiate the complaint.

(3.) THE decision cited on behalf of the petitioner reported in AIR 1964 S. C. 1617 and AIR 1984 S. C. 1619 (supra) fully support the contention of the petitioner. The order in Annexure -4 does not give any reason whatsoever of not making a reference specially when the dispute has come through conciliation and a failure report was submitted under Section 12(4) of the Act. The decisions cited on behalf of the opposite parties have no application to the facts and circumstances of this case.