GRIDHAR GOPAL TIWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application, the petitioners have prayed for a suitable direction to the respondents for their continuance and regularisation of their services. The main question that arises for consideration is whether in the facts and circumstances of the present case, the Union of India in the Ministry of Labour could refuse to make a reference of the dispute under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter to be referred as the Act).

(2.) The petitioners were employed as workmen in the respondent Bank at Patna, on various dates between 1980 and 1984 and one of them had been appointed even in 1978. By order passed on various dates as mentioned in annexure 1, their services were terminated without notice and without payment of any compensation. They filed a complaint before the Assistant Labour Commissioner-cum-Conciliation Officer (respondent 2) against their wrongful termination. The conciliation proceeding ended in failure and the Conciliation Officer submitted his report recommending a reference of the dispute between the parties to the Industrial Tribunal. The report of the Conciliation Officer is annexure 3.

(3.) The grievance of the petitioners is that without giving them an opportunity to be heard in the matter and without calling for further report from the Conciliation Officer before whom, at the particular time, the proceeding was still pending, the Desk Officer of the Ministry of Labour by a letter dated 3 March 1988, stated that there did not appear to be any dispute pending at that stage between the management of the Bank and their workmen. The Government; communication has been annexed marked annexure 4, On receipt of the same, the petitioners found from the said notice (annexure 4) that a notice had been issued in "The Times of India," dated 7 July 1987 (Patna) Edition, asking all concerned availing offer of an opportunity to all ex-temporary and temporary personnel engaged for absorption in the Bank's permanent services by attending the recruitment test, etc. (annexure 5).