MD MINHAJ HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Counsel for the parties. The present petitioner is one of the 19 persons whose industrial dispute was raised by the Jharkhand Janta Mazdoor Union through its general secretary as per Annexure-2 dated 12.2.2002 seeking reference of industrial dispute upon the appropriate Government i.e. Ministry of Labour, Government of India as the competent authority in respect of the respondent-Organization i.e. B.C.C.L., which has been refused vide order dated 13.6.2003(Annexure-4) and is being assailed in the present writ application.

(2.) It is the case of the petitioner that he and 18 others were engaged in under ground mines through Petia Shramik Sahyog Samittee from 8.1.1990 to 28.3.1992 under the respondent-organization, who was the principal employer through the contractor. Since, under section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, employment and perennial nature of job through contractor is prohibited, this petitioner, therefore, raised his dispute before the Assistant Labour Commissioner who submitted the failure report after efforts of conciliation failed upon notice to the management. Failure report was sent to the competent authority, who has refused reference by the impugned order contained at Annexure-4.

(3.) Counsel for the petitioner vehemently argued that there are enough evidence on record showing work having been taken through this petitioner and others for the period from 1990 to 1992 for which work order were also issued in the name of the contractor as per Annexures-8 and 9. It is therefore, submitted that order refusing reference is totally unjustified, illegal and which is not permissible under the law laid down in respect of the Industrial Disputes Act of 1947.