NIRANTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner claims to be the employee of the Bharat Coking Coal Ltd. has challenged the order dated 21.10.94 passed by the respondent whereby the prayer made by the petitioner to refer the dispute to the Industrial Tribunal has been rejected. Learned counsel relying upon the decision in the case of Telco's driver reported in 1989 A.I.R. (SC) page 1565 submits that the moment dispute is raised, the authority is bound to refer the dispute to the Industrial Tribunal. This submission seems to be wholly mis -conceived in view of the decision in the case of Secretary, India Tea Association vs. Ajit Kumar Barat & Ors. [2000 (3) SCC page 93]. From the materials on record it appears that the petitioner is not the employee of the B.C.C.I.., rather, he was the employee of the Universal Mining works and accordingly, prayer of the petitioner has been rejected. After having heard the learned counsel for the parties and going through the materials on record including the decision cited above. I do not find any merit in this writ application which is, accordingly, dismissed.