GENERAL SECRETARY PETROLEUM Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the parties and the Writ Petition is disposed of in the following manner. Petitioner as General Secretary, Petroleum Union (Eastern Branch) has filed this Writ Petition challenging to the order, Annexure 4 passed by the Government of India in the Ministry of Labour Department. Relevant portion of Annexure -4 reads as follows:

(2.) LEARNED Counsel for the Petitioner with reference to the averments in paragraph -10 in the Writ Petition states that there is no quarrel on the number of days the workmen were employed in a calendar year, but the claim of the Petitioners for employment on the basis of their casual engagement is independent of the provision of Section 25 of the Industrial Disputes Act and therefore, the Labour Officer rightly made a recommendation for referring the dispute to the adjudicatory forum and wrongly Opp. Party No. 1 has refused to refer the matter on the basis of the above quoted illegal order. In support of his contention, Petitioner relies on the case of Mohan Ch. Sahoo and Ors. v. Government of Orissa and Anr. 2000(1) OLR 443.

(3.) THE factual aspect involved between the parties i.e. Union of India and Bharat Petroleum Corporation Ltd. is not in dispute. The workers empanelled for casual employment/engagement claimed for regularization of their services, independent of the provision of Section 25 of I.D, Act and they pursue their demand through their Union. Under such circumstances, the decision taken by Opp. Party No. 1, as quoted above, is not solely on administrative ground, but it trespasses into the adjudicatory process as has been held by this Court in the case of Mohan Ch. Sahoo (supra), following the ratio from the case of M.P. Irrigation Karmachari Sangh v. State of Madhya Pradesh : (1985)ILLJ519SC this Court reiterated that: