BHARAT ELECTRONICS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present writ petition is to the reference dated 22.10.2013 (Annexure P-11) made by the Central Government under Section 10(1)(d) of the Industrial Disputes Act, 1947 (in short 'the Act') wherein, the dispute has been referred for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Chandigarh. The reference reads thus:-

(2.) Challenge is also made to the notice dated 28.06.2013 (Annexure P-8) wherein, the Regional Labour Commissioner(Central), Chandigarh-respondent no. 2 had called the petitioner to hold discussions/ conciliation proceedings under Section 12 of the Act.

(3.) Perusal of the writ petition would go on to show that the petitioner-company proposed transfer of 15 non-executives from Panchkula to various stations in India on 17.06.2013. Thereafter, on 26.06.2013, the said employes were transferred in their existing designation and pay scale with immediate effect (Annexure P-5). There is no dispute that the employees have been posted at Panchkula from the period ranging from 1985 onwards to 1991. Due to the agitation of the employees, notice dated 28.06.2013 (Annexure P-8) was issued to the petitioner-company to hold discussions and conciliation proceedings under Section 12 of the Act on 01.07.2013. The said conciliation proceedings were held on 01.07.2013, 05.07.2013, 17.07.2013 and 29.07.2013. Thereafter, failure report was sent by the Regional Labour Commissioner, Chandigarh to respondent no. 1, which eventually led to the reference order dated 22.10.2013 vide which, the dispute was referred to the Labour Court. Resultantly, the present writ petition has been filed.