BIHAR COLLIERY KAMGAR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has preferred this writ petition for directing the Respondent no.1, Union of India, through Secretary, Ministry of Labour, New Delhi, to make reference of the dispute raised by the petitioner in relation to Smt. Sonamoni Kamin, workman of Nudkhurkee Colliery relating to her illegal and arbitrary termination/superannuation from service to an appropriate Labour Court for adjudication. It appears that the Ministry of Labour, Government of India, had passed an order contained in Annexure 4 dated 15 th July, 2002, refusing the claim for reference of the case of Smt. Sonamoni Kamin, observing that the report of the Assistant Labour Commissioner under relevant provisions of I.D. Act, 1947, is not supported by any basis and the dispute has been raised after her retirement. The report of the Assistant Labour Commissioner (Central), Dhanbad, is also annexed as Annexure 3 dated 1 st of May, 2002, wherein also it does not appear that any grounds for making reference of the dispute were made out except observing that the Union was agreeable for arbitration under the Industrial Disputes Act, 1947, but the Management had declined to accept it. However, the order dated 15.07.2002 (Annexure 4) refusing the reference has surprisingly not been impugned in the present writ application.

(3.) Learned counsel for the petitioner, however, submits that it is part of the writ petition and the Court in exercise of extra ordinary power under Article 226 of the Constitution of India, may pass such order by moulding the relief as may be required in the interest of justice.