Harprasad Khajuriya vs Union of India and Others

Sujoy Paul, J.—By filing this petition under Article 226 of the Constitution of India, the petitioner assailed the order dated 27.11.2007 (Annexure P-1), whereby the appropriate Government has declined to sent the Industrial dispute to the appropriate Tribunal for its lawful adjudication. It is contended that such rejection is impermissible and appropriate Government has no authority to reject the dispute on merits. Prayer is opposed by Shri Kanungo, learned counsel for the respondents.

I have heard the learned counsel for the parties and perused the record.

The question involved in this matter is no more res-integra. The Apex Court in Telco Convoy Drivers Mazdoor Sangh and Another Vs. State of Bihar and Others, has opined that the appropriate Government does not have jurisdiction to decide the lis of the matter. In other words, it was held that the appropriate Government cannot decide the dispute on merits in exercise of its power u/s 10 of the Industrial Disputes Act. A bare perusal of the reasons assigned in the rejection order shows that the appropriate Government has decided the matter on merits and give finding on merits. This order runs contrary to settled legal position of the judgment of Supreme Court in Telco Convoy (supra). Resultantly, the order Annexure P-10 is set aside. The respondent No. 1 is directed to refer the matter to the Industrial Tribunal within 30 days. Petition is allowed.