MD.ASHIQUE HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 13.2.1997 by which the writ petition filed by the petitioner being CWJC No, 1080/96 (R) was dismissed, The order elated 13.2.1997 passed by learned Single Judge is quoted herein below: - -

(2.) FROM perusal of the writ petition, it appears that petitioner/appellant had challenged the order dated 1.2.1995 issued by the Desk Officer of the Ministry of Labour, Government of India refusing to refer the disputes for adjudication by the Tribunal. In the writ petition, the petitioner made out a case that during conciliation proceeding, although petitioner workmen was agreeable for an arbitration both under the Act as well as under the Code of discipline but the Management declined to accept it. Inspite of that without the consent of the petitioner, the matter was sent to the Arbitration. The Desk Officer faking into consideration the code of arbitration refused to refer the disputes to the arbitrator,

(3.) IN the light of the aforesaid judgment, we are of the view that the impugned order is liable to be set aside and the matter is fit to be remitted back to the learned Single Judge for disposal of the writ petition on merit.