Reliance Industries Karmachari Sangh v. State of U. P.
2014-10-14
D.Y.CHANDRACHUD, P.K.S.BAGHEL
body2014
DigiLaw.ai
JUDGMENT Pradeep Kumar Singh Baghel, J. The special appeal arises from an order of the learned Single Judge dated 25 August 2014 in a writ petition which was instituted by the appellant to challenge an order of the State Government and the Deputy Labour Commissioner declining to make a reference to adjudication to the Industrial Tribunal. 2. The Learned Single Judge has dismissed the petition observing that the decision of the State Government was an administrative act and that the writ did not spell out any cause of action. The record before the Court would indicate that on 11 October 2013 when the matter was before the Deputy Labour Commissioner, a communication was issued to the Union seeking a specific clarification on the nature of parity which was sought between the services available in the canteen at Nagpur with the canteen at Allahabad. The response of the Union dated 16 December 2013 only set out a difference in the rates at the Nagpur canteen and at the Allahabad canteen. 3. On these facts, it is apparent that there was absolutely no basis in the claim for a reference for adjudication before the Industrial Tribunal and the claim was entirely frivolous. The State Government was, in these circumstances, justified in declining to make a reference to adjudication. The learned Single Judge was not really called upon to decide the merits of the dispute since the grievance was that a reference to adjudication ought to have been made. The record before the Court does not however indicate that there was any genuine or bona fide dispute which could have been referred to adjudication. Hence, on these facts, we are not inclined to interfere with the order of the learned Single Judge. However, we leave it open to the appellant to move afresh, if it is so advised, with a full disclosure of the nature of the dispute and the basis of seeking a reference to adjudication. With these observations, we dispose of the special appeal. There shall be no order as to costs.