RAJASTHAN BANK EMPLOYEES UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, which is an union of the Bank Employees, has challenged the orders Annexure.4 and Annexure.4-A, passed by the Union of India, by which the appropriate Government refused to refer the dispute for adjudication.

(2.) The petitioner Union raised a dispute regarding the termination of the 101 employees of the banks which included peons, clerks and Godown-keepers. Concilliation proceedings were initiated by the Union before the Concilliation Officer, who, after hearing both the parties, submitted the failure report under Section 12(4) of the Industrial Dispute Act, 1947 (hereinafter referred as 'the Act'). Thereafter the matter was taken to the appropriate Government for referring the dispute for adjudication to the Tribunal, but the appropriate Government (Union of India, Department of Labour), vide Annexure.4 dated March 24, 1987, and Annx.4-A dated May 1, 1987, refused to refer the dispute for adjudication to the Tribunal. It is against this order that the present writ petition has been filed by the petitioner.

(3.) Both the orders have been challenged by the petitioner on the ground that while passing the orders Annexure.4 and Annexure.4-A, the appropriate Government decided the matter on merit of the dispute and has not considerd the question whether the dispute exists or not. According to the learned Counsel for the petitioner, consideration of dispute on merit is foreign to the powers of the Government while considering the case under Section 10(1) of the Act. The learned Counsel for the respondents, on the other hand, has supported the order passed by the State Government.