AGNIRAJ BRIQUETTE COMPANY Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) ALL these three writ applications are more or less similar and arising out of the same point of law, hence they are being disposed of by this single judgment.

(2.) WRIT Petition No. 5177/2002 has been filed on behalf of petitioner Lato Barhi for quashing the order dated 16.7.2001. whereby and whereunder the respondent No. 2 has refused to refer the dispute under Sec.10(1)(C) of the Industrial Disputes Act and to direct the respondents to make a reference of dispute in relation to the petitioner of Basuria Colliery of Kusunda Area of M/s BCCL, to an appropriate Tribunal for adjudication.

(3.) A counter affidavit has been filed on behalf of the respondent No. 3, from perusal of which it appears that the Medical Board constituted in the year 1980 assessed the age of the petitioner as 33 years on 19.12.1980 and accordingly his date of birth comes to 19.12.1947 and the age assessed by the Medical Board in 1980 became final conclusive and binding between the parties and no industrial dispute existed in the year 2000 i.e. after 20 years of medical examination. So far as point formulated in para 3, it is stated that the appropriate Government has a right to refuse to refer the dispute for adjudication on several grounds by forming its own opinion and appropriate Government is not duty bound to refer all disputes for adjudication, which are flimsy, finally, concluded and already decided by way of instances and illustrations.