GLAXO SMITH KLINE CONSUMER HEALTHCARE LTD. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, PATIALA

JUDGEMENT

(1.) The petitioner-company has filed the present writ petition under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari seeking the quashing of an order passed by the Labour Commissioner, Punjab sending a reference for adjudication to the Industrial Tribunal/Labour Court after forming an opinion that an industrial dispute arises under the Industrial Disputes Act, 1947 vide communication dated 23.08.2019.

(2.) This Court has heard learned counsel for the petitioner at length and with his able assistance gone through the writ petition and documents filed in support thereof. This Court is of the considered view that the petitioner is required to be relegated to the remedy before the Industrial Tribunal-cum-Labour Court, Patiala, i.e. the Court, where the industrial dispute has been referred for adjudication. Therefore, it would not be appropriate for this Court to adjudicate upon the dispute on merits. However, the brief reasons for forming an opinion, are as under:-

(3.) While aforesaid reference before the Industrial Tribunal was pending, an application was submitted before the Additional Labour Commissioner under the signatures of General Secretary of the Workers' Union intimating that pending adjudication on the earlier reference, the Management has started to increase the work load on the workers and started rapidly shifting the workers from one Department to the other. It was submitted that the Management might be taking these steps with the feeling of revenge. It appears that the Assistant Labour Commissioner, directed the Labour Enforcement Officer, Grade-II, Nabha to enquire into and report. The Labour Enforcement Officer, Grade-II, visited the factory, held consultation with the Union as well as representatives of the Management, and thereupon, formed an opinion that it was not possible to settle the dispute by way of compromise/settlement and hence, if considered appropriate forward this dispute/matter to the Industrial Tribunal-cum-Labour Court for adjudication. The Labour Commissioner accepted the recommendation and forwarded the following question to Industrial Tribunal/Labour Court, Patiala vide order dated 23.08.2019:-