CHANDRA PRAKASH Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties. In this writ petition, petitioner is challenging validity of order dated 27.02.2012 passed by Under Secretary, Government of India whereby, the said authority refused to make reference of industrial dispute to the Judge, Labour court against the respondent HPCL.

(2.) LEARNED counsel for the petitioner submits that there are no valid reasons for refusing reference to adjudicate the dispute to the Judge, Labour court because after failure of conciliation proceedings, the matter was referred by the Conciliation officer to the appropriate Government for making reference, therefore, the order impugned may be quashed. Learned counsel appearing on behalf of respondents submits that there is no master and servant relationship in between petitioner workman and the respondent company, therefore, the Under Secretary, Government of India, Ministry of Labour has rightly exercised its power not make reference to Judge, Labour court for adjudication, therefore, this writ petition may be dismissed. Learned counsel for the respondents invited attention of this Court towards certain judgments.

(3.) After hearing learned counsel for the parties I have perused the order impugned. It is true that in appropriate case, the appropriate authority can exercise its jurisdiction not to refer industrial dispute for adjudication to the Judge, Labour court but for that there must be cogent reasons but in this case, the ground taken by the company that there is no master and servant relation, therefore, dispute cannot be referred by the appropriate Government at the initial stage is contrary to basic principle of law because for such dispute of master and servant relationship, evidence is required to be recorded by the Labour Court, therefore, the order impugned dated 27.02.2012 is hereby quashed with direction to the appropriate authority to refer the dispute for adjudication to the concerned Judge, Labour court within a period of one month from the date of receiving certified copy of this order.