CENTRAL COALFIELDS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the parties.

(2.) THE Respondent No. 3 herein, i.e. the General Secretary, Rashtriya Washery Mazdoor Sangh, had filed C.W.J.C. No. 3488/1998(R) before this Court for direction to the concerned respondents to refer the dispute arising in view of inaction of the Management of M/s Central Coalfields Limited denying absorption the members of the petitioners union, working in Swang, Kathara and Kargali collieries. This Court disposed of the said writ petition on 17.2.1999 giving liberty to the writ petitioners to approach the concerned respondents, who will consider the matter and pass an appropriate order on filing of such application by the petitioner. The said order has been annexed as Annexure -2 to the writ application.

(3.) THE management of Central Coalfields Limited has challenged the said order of reference by the Central Government dated 19.3.1999, mainly on the ground that no such dispute was ever raised before the Assistant Labour Commissioner (Central) nor at any point of time, conciliation proceeding was initiated nor there was any failure report and, therefore, the said reference is bad in law and that order of amalgamation of all the three disputes, which were referred earlier with the present reference was also bad in law.