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Judgment
H.K. Rathod, J.—Heard the learned advocates appearing on behalf of respective parties. No appearance is filed on behalf of Assistant
Commissioner of Labour respondent No. 2.
In this case, petitioner has challenged the decision of Ministry of Labour, Government of India dated 31st January 2008, where, industrial
dispute raised by petitioner is found to be not fit for adjudication for the following reasons:
The claimant has not produced any evidence to show that he has worked for 240 days during the 12 calender month with the management. Hence,
the matter raised cannot be construed as on industrial dispute.
Learned advocate Mr. Mulia submitted that reasons given by Ministry of Labour, Government of India for not referring the dispute for
adjudication, which amounts to determination on merits, for which, Ministry of Labour, Government of India has no jurisdiction to decide the
dispute between the parties. Therefore, according to him, respondent No. 2 has committed gross error in refusing to refer the dispute for
adjudication.
Learned advocate Mr. Dave submitted that respondent authority has rightly not referred the matter for adjudication. In short, he is supporting
the decision taken by Ministry of Labour, Government of India on 31st January 2008.
After considering the submissions made by both the learned advocates and considering the reasons given by Ministry of Labour, Government of
India it is a clear case of determination of the disputed question of fact by Ministry of Labour, Government of India. Therefore, the decision dated
31st January 2008 is required to be reconsidered by the Ministry of Labour, Government of India in light of the decision given by Apex Court in
case of Telco Convoy Drivers Mazdoor Sangh and Another Vs. State of Bihar and Others,
Therefore, it is directed to Ministry of Labour, Government of India to reconsider the decision dated 31st January 2008 in light of the above
referred decision of Hon''ble Supreme Court as well as the decision of this Court passed in Special Civil Application No. 5939 of 2001 dated
28th February 2008 and then, pass appropriate reasoned order within a period of three months from the date of receiving the copy of the said
order.
Learned advocate Mr. Dave placed on record the reply of respondent No. 1.
It is open for the petitioner to produce relevant records of working days of 240 days during the twelve calender months with respondent No. 2
or Ministry of Labour, Union of India.
In view of above observations and directions, present petition is disposed of.
Direct service is permitted.