THEIR WORKMEN UNION REPRESENTED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Sarvendra Kumar, learned counsel appearing for the petitioner, Mr. Anoop Kumar Mehta, learned counsel for the BCCL and Mr. Pratyush Kumar, learned Central Government Counsel for the Union of India.

(2.) In this writ application, the petitioner has prayed for issuance of writ in the nature of Certiorari for quashing the order dated 01.12.2014 passed by the Section Officer vide letter no. L-20012/114/2014-IR (CM-1), Government of India, Ministry of Labour, New Delhi whereby and wherein the appropriate government had refused to refer the dispute for adjudication. A further prayer has been made for a direction upon the concerned respondents to regularize the services of Shri Bijali Bhuia and 272 others in BCCL.

(3.) It is the case of writ petitioner as stated in the writ application that Bijali Bhuia and 272 others were engaged against a perennial nature of job in Dugda Coal Washery under BCCL through Dugda Medling Workers Committee, Dugda land losers and local general labour association since the last 17 years under the direct control and supervision of Dugda Coal Washery Management of M/s. BCCL, Dhanbad. Since on the demand of the workmen concerned through their Union for their regularization, the management stopped taking work from them and ultimately an industrial dispute was raised before the Assistant Labour Commissioner, Central in which a conciliation proceeding was initiated on 17.09.2013 which ultimately ended in a failure and a failure report was submitted to the appropriate government who vide order dated 01.12.2014 refused to refer the dispute for adjudication by a competent Labour Court/Tribunal on the ground that the workmen concerned never worked under the direct control of the management of BCCL and the Union had failed to provide documentary evidence to substantiate their claim that the workers in question had completed 240 days of regular work in any one calendar year during the last 15 years and their details.