JANTA MAZDOOR SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question to be answered in this writ petition is whether the refusal of the reference by the Union of India as contained in Annexure -3 can be sustained in law.

(2.) THE question aforesaid arose out of the facts that the Janta Mazdoor Sangh, a registered Trade Union, raised a dispute for regularization of the services of 29 of its members on the ground, as stated in the writ petition, that those workers were the members of that Union represented by Mewa Singh, a member of the said Union and they were performing the repairing and maintenance of the broken down machineries as also for transportation of parts of machineries and other materials from surface to underground and from underground to surface. For this purpose, they were issued Cap Lamps and their names were also entered in the Form 'C Register. They had also worked for more than 240/190 days. They made representations for their regularization. Ultimately, conciliation was initiated, the notice of that was furnished to the respondent -management. The management, during conciliation, only admitted that Ashok Ram and some other workers were working since 1991, but denied the claim of other workers that they were working on regular and continuous basis against permanent and perennial nature of job. During the conciliation proceeding, the petitioner. Union had produced a large number of documents to show that these persons have been working continuously and the management had nothing to reply. The conciliation proceeding failed, the report was submitted thereof, whereas the Central Government was required to form an opinion with regard to the existence of a dispute but the Government passed the following order : - - Suchit Kiya Gaya Hai Ki Sambandhit Karmkaro Ko Barsh 1991 Se Barsh 1994 Ke Bich Kabhi Kabhar Akshmik Karya Ke Liye Matra Kuch Dino Ke Liye Rakha Gaya. Niyamitikaran Ka Koi Ad -hikar Unhone Arjit Nahin Kiya, Bibad Nisar Hai. In support of the claim of the petitioner, the learned counsel appearing for the petitioner has relied upon a decision of this Court rendered in the case of Coal Mines Engineering Workers ' Association V/s. Union of India and Ors., reported in 2002 (1) JCR 441.

(3.) IN the aforesaid circumstances, the writ petition is allowed and the impugned order, Annexure -3, is quashed. The appropriate Government is directed to reconsider the matter and pass an appropriate order within a period of two months from the date of receipt/production of a copy of this order.