TARACHAND NAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the counsel agree that the matter can be disposed of at this stage.

(2.) Vide order dated 10.9.2014 passed by the Government of India, the failure report submitted by the Conciliation Officer has been returned, refusing to send the matter for reference in terms of Section 10 of the Act of 1947. The Section Officer of Government of India, Ministry of Labour has proceeded to examine the dispute at his level and has put forward reasons which go to root of the case and essentially on the basis of the pleadings taken up by the respondent before the Conciliation Officer he has held that the dispute is not fit for adjudication by adjudicating itself.

(3.) Learned counsel for the petitioner submits that the law has been laid down by the Apex Court with regard to power of reference in "Telco Convoy Drivers Mazdoor Sangh Vs. State of Bihar, 1989 AIR(SC) 1565", wherein it has been held as under.