BIHAR COLLIERY KAMGAR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER is aggrieved by the order issued by the appropriate Government refusing to refer the dispute raised by the petitioner for adjudication.

(2.) THE case of the petitioner -Union is that the concerned workman was working in Madhuban Coal Washery which is under direct control and supervision of the management of BCCL. When the management failed to pay his salary a dispute was raised by the Union. The conciliation proceeding before the Assistant Labour Commissioner, ended in failure, failure report was submitted to the Government for referring the dispute for adjudication. The appropriate Government namely, the Central Government, however declined to refer the dispute to appropriate Tribunal. The appropriate Government was of the view that there did not exist relationship of employer and employee between the management and the concerned workman, who was engaged by the contractor in relation to a contract.

(3.) THEREFORE . I am of the opinion that the appropriate Government has exceeded its jurisdiction by refusing to refer the dispute for adjudication by the industrial adjudicator.