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1995 DIGILAW 31 (PAT)

Bihar Colliery Kamgar Union v. Union of India

1995-01-16

S.N.JHA

body1995
Judgment S.N. Jha, J. In this writ petition the petitioner seeks quashing of the order of the Central Government in the Ministry of Labour as contained in Annexure-3 refusing to make reference under the provisions of the Industrial Disputes Act, and a mandamus to the respondents to make reference of the industrial dispute. Reference has been refused on the ground that the claim is highly belated." In support of the contention that the reference cannot be refused on the ground of delay Mr. R.S. Mazumdar, learned counsel for the petitioner, has placed reliance on decisions reported in 1985 PLJR 755, 1988 BLT 451, (1983) 46 FLR 207, and unreported order in CWJC No. 319/95 (R). In the case the dispute related to the order of dismissal/ discharge/termination of service. Another case relied upon, namely, 1987 PLJR 755, was a case relating to ply scale. In the instant case the dispute relates to appointment on compassionate ground in terms of the provisions of National Coal wage Agreement. One Agnu Roy working at Bhatdee Colliery of M/s Bharat Coking Coal Limited died in harness on 28.7. 82. The dispute regarding appointment of his son Mathur Roy was raised before the Assistant Labour Commissioner (Central) on 16.2.93 i.e. after period of eleven years. In view of catena of decisions rendered recently by the Supreme Court, the provisions regarding compassionate appointments are intended to provide financial support to the family members of an employee who dies in harness to mitigate their hardship caused on account of sudden death of the bread earner. The fact that the family has been able to stand for a long time is an indication of the fact that it can survive on its own. In such cases, compassionate appointment after a long delay is not likely to serve the desired object. The question for consideration is whether it is open to the Central Government and/or this Court in exercise of its writ jurisdiction at this stage to go into the merit of the claim. The Supreme Court in AIR 1989 Supreme Court 1565 has held that power of the appropriate Government in the matter of making reference of industrial disputes is administrative and not judicial or quasi judicial in nature and, therefore, it is not open to the Government or the High Court to go into the merit of the claim at that stage. The Supreme Court in AIR 1989 Supreme Court 1565 has held that power of the appropriate Government in the matter of making reference of industrial disputes is administrative and not judicial or quasi judicial in nature and, therefore, it is not open to the Government or the High Court to go into the merit of the claim at that stage. In the aforesaid case the writ petition had been dismissed by the High Court on the ground that the petitioner, prima facie, had failed to satisfy about the merit of the claim. The Apex Court held that it was not open to the High Court to dwelve into the merits of the claim at the stage of making reference. In view of the law laid down by the Supreme Court it is not possible to upold the impugned order of the Central Government and to dismiss this writ petition merely on the ground of delay notwithstanding the stalement of the claim. That is a matter, which has to be considered by the Labour Court after reference of the dispute is made to it. It is expected that the Labour Court at that stage will address itself to the aforesaid aspect of the matter and answer the reference in accordance with law. In the result, the impugned order of the Central Government as contained in Annexure-3 is quashed. The Secretary, Department of Labour in the Ministry of Labour and Employment, Government of India, is directed to pass a fresh order in the matter in accordance with law. The application stands disposed of accordingly. Application disposed.