BIHAR COLLIERY KAMGAR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed for quashing the order dated 03.03.2014 and 21.01.2016 as contained under Annexure-4 and 11 respectively, whereby and whereunder on submission of the conciliation of failure report, exercise can be conferred under Article 226 of the Constitution of India Industrial Disputes Act, 1947 when the appropriate Government has refused to make a reference by referring it before Industrial Tribunal for its adjudication on the ground that union has failed to provide any documentary evidence showing employee and employer relationship between the workmen and management of Central Coal Field.

(2.) Learned counsel for the petitioner has submitted that the appropriate Government is not supposed to adjudicate the matter by taking the power of adjudication rather it is to be exercised by the adjudicator as per the provision of Industrial Disputes Act, 1947 that can only be done if the appropriate Government will make a reference under the provision of Section 10(1) of the Industrial Disputes Act, 1947. Further he submits that the appropriate Government has examined the documentary evidence and could not give finding that the workmen has got no case since the document does not suggest of existence of any employer-employee relationship between the workmen and management of CCL, hence he after appreciating the aforesaid document has come to conclusive finding non-existence of relationship of master of employee therefore, he has acted as an adjudicator hence he has exceeded his jurisdiction.

(3.) Mr. Anup Kumar Mehta, learned counsel for the respondent-CCL on the other hand has submitted that the workmen though its union supposed to make a prima facie case but he failed to do so. The appropriate Government has come to a finding that there is no relationship of employee and employer. He further submits that the appropriate Government cannot be said to be act as a Post Office rather he at least is supposed to apply its mind therein that a prima facie dispute is warranting the appropriate Government to make a reference under the provision of Industrial Disputes Act for its adjudication.