PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):-

"A. For quashing/setting aside the 'Order of Reference' bearing no. L42011/4/2022-IR(DU) dated 15.02.2022 (Annexure 'P-1') issued by the Central Government in purported exercise of power conferred by Clause (d) of Sub-section (1) & sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter for brevity referred to as 'the ID Act, 1947') whereby the Central Government has illegally and arbitrarily referred an imaginary and nonexisting dispute for adjudication by the Central Government Industrial Tribunal-cum-Labour Court No. II, Dhanbad, which was never a subject matter of 'industrial dispute between the petitioner and the Respondent no.3 union and,

B. For staying the proceedings of Reference Case No.03 of 2022 presently being carried out by Central Government Industrial Tribunal-cum-Labour Court No. II, Dhanbad in pursuance of the aforesaid 'Order of Reference' bearing no. L-42011/4/2022-IR(DU) dated 15.02.2022, and C. For grant of any other relief or reliefs for which the petitioner is found to be entitled to in the facts and circumstances of the case."

3. It is the case of the petitioner that based on the complaint given by the workers, the Government had decided to refer the matter to the Labour Court for adjudication of the dispute under Section (d) of sub-section (1) & sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act, 1947).

4. It is stated by the learned counsel for the petitioner that one Ajay Kumar Prajapati General Secretary of NTPC Employees Union gave the complaint dated 19.09.2021 and, the Government came to the conclusion that there is a dispute between the parties and referred the matter to the Labour Court. It is further submitted that the only complaint of the respondent No. 3 (Union) herein was that the ACR (Annual Confidential Rating) have been deliberately disregarded and that the management are not providing the ACR/AAR and ratings of the workers is not being done in a time bound manner. Based on the said complaint, the Central Government has issued the order dated 15.02.2022 referring the matter for adjudication to the Labour Court under Section (d) of sub-section (1) & sub-section (2A) of Section 10 of the ID Act, 1947. Learned counsel has stated that the reference made by the Central Government is totally erroneous and the terms of the reference are contrary to the complaint made by the Union. Learned counsel has stated that though the petitioner employer has filed his preliminary objections against the reference made, the Labour Court did not take the same into consideration and proceeding with the matter. That the petitioner left with no other option has approached this Hon'ble Court by way of the present CWJC. Learned counsel has taken the Court to the complaint made by the Union dated 19.09.2021 (Annexure-P/2) and the reference made by the Central Government dated 15.02.2022 and also the promotion order DPC 2020 dated 07.07.2020 (AnnexureP/7) pertaining to the said Ajay Kumar Prajapati in support of his contention. Learned counsel has relied on the judgment of the Hon'ble Supreme Court in the case of M/s Tata Iron & Steel Co. Ltd. Vs. State of Jharkhan & Ors. reported in 2014 (1) PLJR (SC) 122.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNzYyMyMyMDI0IzEjTg==-kiRAnZfZdkM=

Disclaimer: Curated by HT Syndication.