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Judgment
Rajesh Kumar, J
Heard learned senior counsel for the petitioner and learned counsel for the respondent.
It appears that the reference has been refused by deciding the merit and it has been hold by the Union of India that there is no evidence suggesting the employee-employer relationship.
The operating portion of refusal letter dated 22.07.2011 reads as under :-
“I am directed to refer to the Failure of Conciliation Report No.1/(50)/2009.E.6 dated 17.09.2010 from the ALC(DHANBAD) (Jharkhand) received in this Ministry on 21.09.2010 on the above mentioned subject and to say that, prima facie, this Ministry does not consider this dispute fit for adjudication for the following reasons :
“The dispute of alleged denial of regularization of S/Shri Lal Kumar and 25 other Truck Loaders has not been supported with any documentary evidence such as appointment letter issued by the management appointing these workers etc., hence, is, not deemed fit for adjudication.”
The merit has been decided to the effect that there is no material to suggests that there is employee-employer relationship between the parties.
The law is settled on the said issue and reference can be made to the following judgments of the Hon'ble Apex Court :-
1989 0 AIR (SC) 1595 (Telco Convoy Drivers Mazdoor Sangh and Anr. Vs. State of Bihar and Ors.
(2001) 6 SCC 222 (Sapan Kumar Pandit Vs. U.P State Electricity Board & Anr.)
(2002) 4 SCC 490 (Sharad Kumar Vs. Govt. of NCT of Delhi & Ors.)
Considering the mandate of the Hon'ble Apex Court as quoted herein-above, this Court has no other option but to quash the letter dated 22.07.2011 (Annexure – 3) issued from the office of respondent No.02.
Accordingly, the present writ petition is, hereby, allowed. The matter is remitted to the respondents-authorities for passing a fresh order, in accordance with law. The order must be passed within three months from the date of receipt/ production of copy of this order.