WORKMEN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) It is submitted by the learned counsel for the petitioner that in this writ application he has challenged the order dated 12.6.2006, which is contained in Annexure-6, by the Central Government under the signature of Under Secretary, Govt. of India, refusing to refer the dispute raised by the petitionerworkmen against the Project Officer, Bhowra (N) Colliery of M/s. BCCL on the ground that dispute has been raised after eight years of dismissal and therefore it is frivolous. It is further submitted that earlier by Annexure-4, which is attached with this application at pages 20-21, the workmen raised a dispute through Union Colliery Karamchari Sangh and gave notice to the employer by letter dated 22.3.2004 stating that dismissal of Vishnu Kumhar & Dwarika Kumhar, Minor/Loader, Bhowra East, Worker Nos. 02839520 and 02839496, is illegal and raised an industrial dispute. Hence the matter was referred for conciliation and by Annexure-5, which is attached with this application at page 22, the matter was conciliated before the Assistant Labour Commissioner ( Central), Dhanbad and by the said order dated 25th October, 2005 the Assistant Labour Commissioner (Central) Dhanbad stated that the Union was agreeable for arbitration under I. D. Act, 1947 but the management declined for the same and thereafter the matter was referred to the Government for reference by annexure-5 25-10.2005 and the Central Government has declined to refer the dispute on the ground that it has been raised after eight years of dismissal and therefore it is frivolous. Learned counsel for the petitioner has relied upon a judgment in the case of Telco Convoy Drivers Mazdoor Sangh V/s. State of Bihar & ors., 1989 SCC(L&S) 465 wherein it has been held in para 11 as under:

(3.) Thus, the Supreme Court has very clearly stated that it is not in the domain of the Government to decide the merit of the dispute between the workmen and the employer.