Kailash Sharma vs Union of India and Others

Hon''ble Dr. Justice Vineet Kothari

The only prayer made in the present writ petition is that the respondent - appropriate Government (Ministry of Labour, Government of India) could not refuse the reference of industrial dispute u/s 10 of the Industrial Disputes Act, 1947 vide Annex.3 dtd.14.10.2009 on the ground that the workman petitioner Kailash Sharma working as an employee of the contractor and he has failed to establish that he was employed by the Management of North-Western Railway and accordingly the dispute was not found fit for reference.

The learned counsel for the respondents Mr. Kamal Dave urged that since the said contractor M/s Gulab Rai and Company, Jodhpur was merely a licensee for putting up food stall at Railway Station platform, therefore, the said employee could not be said to be workman of the Railways and the dispute was rightly refused to be referred to the Industrial Tribunal.

Having heard the learned counsels, this Court is of the opinion that it is not within the competence of the concerned authority to refuse to refer the matter to the Industrial Tribunal, which is competent Tribunal and to adjudicate the various issues and reference for this purpose has to be made u/s 10 of the Act to the Tribunal. Whatever be the defence or say of the Railways or one of the parties in the matter, it is a matter of evidence to be placed before the competent Industrial Tribunal and therefore on this ground alone, reference could not be refused by such concerned officer of Ministry of Labour, Government of India.

Consequently, this writ petition deserves to be allowed and the same is accordingly allowed and setting aside the impugned order Anex.3 dtd.14.10.2009, the appropriate Government is directed to make reference of the industrial dispute raised by the present petitioner- workman to the competent Industrial Tribunal within a period of three months from today. No order as to costs.