SUBIMAL MAITY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India assailing the order of the Director, Ministry of Labour and Employment, Government of India dated 30.09.2014 whereby and where under the authorities have refused to refer the dispute for its adjudication.

(2.) The brief fact of the case of the petitioners is that they are working as contract labourers but actually they are performing the duty under the principal employer, i.e. the Defence, Research and Development Organization Guest House and Defence, Research and Development Organization Mess under Estate Manager, Estate Management Unit, Chandipur, Balasore which is directly under the Defence, Research and Development Organization and they are working since long. At the first instance they have approached the Central Administrative Tribunal vide original application being O.A.No. 169 of 1999 which has been disposed of by holding that since the petitioners are not holding civil posts or casual posts directly under the department, the application has been held not maintainable and accordingly dismissed. The petitioners preferred writ petition before this court being O.J.C.No. 10525 of 2001 assailing the order passed by the Central Administrative Tribunal dated 21.3.2001, but subsequently the same has been withdrawn with liberty to raise dispute, this court has allowed the prayer of the petitioners vide order dated 09.05.2006 while dismissing the writ petition giving liberty to them to approach the industrial forum or any other appropriate forum for adjudication of their grievance, in case they so advised.

(3.) Learned counsel for the petitioners, while assailing the said order, has forcefully argued that even from the failure report submitted by the Conciliation Officer U/s.12(4) of the Industrial Dispute Act, which has been submitted basing on the divergent views of the management and the petitioners, which itself suggests that there is dispute regarding master and servant relationship, hence the same needs adjudication by the appropriate forum under the Industrial Dispute Act.