PARADIP PORT AND DOCK MAZDOOR UNION Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AND ORS.

JUDGEMENT

(1.) PARADIP Port and Dock Mazdoor Union, represented through its General Secretary has challenged the award 30 -12 -1995 made by the Presiding Officer, Industrial Tribunal, Orissa, Bhubaneswar in Industrial Dispute Case No. 23 of 1995 (Central), a copy whereof is Annexure -6 to the writ application. There is an incidental prayer to direct opposite party No. I, the Presiding Officer, Industrial Tribunal. Orissa, Bhubaneswar to adjudicate I.D. Case No. 23 of 1995 (Central) on merit.

(2.) IT transpires from the materials on record that the aforesaid Industrial Dispute Case No. 23 of 1995 (Central) was between the managements of M/s. Karamchand Thappar and Brothers (Coal Sales) Ltd. and M/s. Doaba Industrial and Trading Company Pvt. Ltd. as the first party -managements and their workmen represented through Paradip Port and Dock Mazdoor Union as the second party -workmen.

(3.) IT also transpires from the records that out of the two employers named in the reference of the Central Government, M/s. Karamchand Thappar and Brothers' (Coal Sales) Ltd. had earlier filed O.J. C. No. 2791/95 in this Court challenging the maintainability of the reference whereupon further proceedings in pursuance of the reference were stayed. However the said stay order was later modified by this Court with a direction to the Industrial Tribunal to register the reference and decide the question of maintainability thereof as a preliminary Issue and pass orders as expeditiously as possible. The Tribunal considered the submissions on behalf of both sides, namely the employers and the workmen and concluded that the dispute before it squarely fell within the purview of the Contract Labor (Regulation and Abolition) Act. License for transporting coal by toad from Teacher to Paradip was granted by the State Government, The workmen in the said dispute were in no way concerned with the functions which were discharged by the licensed Stevedores through the enlisted pool workers. Accordingly, the reference by the Central Government was found to be incompetent in the eye of law and hence was not maintainable.