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1992 DIGILAW 813 (ALL)

IRCON Class IV Employees Union v. Indian Railways Construction Co. Ltd. (A Govt. Of India Undertaking)

1992-05-22

D.S.SINHA

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JUDGMENT : D.S. Sinha, J. Heard Dr. R.G. Padia, learned Counsel for the Petitioners and Sri Lalji Sinha, learned Counsel representing the Respondents. 2. By means of this petition under Article 226 of the constitution of India, the quashing of the communication dated 25th March 1991 from the General Manager (c), Railway Constructions Co. Ltd, (A Government of India Undertaking) New Delhi, the Respondent No. 2, to the Regional Manager/IRCON, Post Office Rihandnagar. District Sonebhadra Uttar Pradesh a true copy where of 'is Annexure 11 to the petition, is sought. This communication purports to advise the Regional Manager to resort to reduction of class IV staff straightway on the basis of his requirement. Further prayer in the petition is that the class IV employees, who are members of the petitioning Union, be regularised as Class IV employees and their services may not be terminated in pursuance of the communication dated 25th March, 1991, aforesaid. 3. From the averments made in the petition and perusal of the letter dated 25th March. 1991, it is clear that merely an advice has been tendered in the matter of reduction of class IV staff based on requirement. No action hitherto has been taken furnishing cause of action to the Petitioners to approach this Court under Article 226 of the constitution of India. 4. Further, the pleadings contained in paragraphs 22 and 24 of the petition clearly indicate that the Respondent company is an industry wherein the members of the petitioning Union are employed as workman, and the relationship between them is regulated by the provisions of the Industrial Disputes Act, 1947. Thus, as and when the apprehended termination/retrenchment of the members of the petitioning Union takes place, they will have effective alternative statutory remedy by way of reference before the appropriate forum designated under the Industrial Disputes Act, 1947. In any view of the matter, this petition cannot be entertained by this Court, at this stage. 5. For these reasons, the petition fails and is dismissed summarily. The ad interim order dated 18th April, 1991 shall stand discharged.