Jharkhand Colliery Mazdoor Union v. Union of India through its Secretary
2019-06-18
RAJESH KUMAR
body2019
DigiLaw.ai
ORDER : Heard learned senior counsel for the petitioner as well as learned counsel for the respondents. 2. The present writ petition has been filed for quashing the order of refusal of reference contained in letter dated 16.06.2016 (Annexure-4). 3. It appears that claimant/petitioner claims himself as son has raised industrial dispute for not providing of compassionate appointment on account of death of his father late Laxmi Narayan Singh, who had died in harness on 22.07.2011. It further appears that one another lady namely Sunita Devi claiming herself as widow of late Laxmi Narayan Singh had filed a writ petition being W. P. (S) No. 2709 of 2013 for consideration of her candidature for compassionate appointment. The said writ petition had been disposed of on 07.10.2015 by making certain observations. It further appears that on failure of conciliation report dated 11.05.2015, the matter has been referred to the concerned Government and the Government has refused to refer the matter under Section 10 of the Industrial Dispute Act by assigning the reason that W. P. (S) No. 2709 of 2013 is pending before the Jharkhand High Court and as such, no reference can be made. 4. This is factually incorrect, as the above writ petition has already been disposed of on 07.10.2015. Thus, the order of refusal is based upon wrong fact and as such the letter dated 16.06.2016 is not sustainable in the eye of law and as such, the same is, hereby, quashed and the matter is remanded to the concerned respondent to take a fresh decision in accordance with law as expeditiously as possible. 5. With the above observations and directions, the present writ petition is, hereby, disposed of.