Parmeshwar Narayan Swamy vs The State of Jharkhand and Others

D.G.R. Patnaik, J.—Heard learned Counsel for the parties.

Prayer in this writ application is for a direction to the Deputy Labour Commissioner to adjudicate upon the dispute raised by the petitioner, concerning the grant of post retiral medical benefits to him and to direct the Respondent- M/s Tata Iron and Steel Company Limited (TISCO) to extend such retiral medical benefits to the petitioner and further, to direct the Tata Iron and Steel Company Limited (TISCO) to co-operate with the Deputy Labour Commissioner for amicable settlement of dispute raised by the petitioner.

From the facts of the case, it appears that the petitioner was an employee of the Cement Unit of M/s Tata Iron and Steel Company Limited (TISCO). At a later point of time, the TISCO Management decided to transfer its Cement Division to M/s Lafarge India Limited. Upon such decision being taken by the TISCO Management, the services of such employees in the Cement Division of TISCO, was transferred to M/s Lafarge India Limited. Before transfer, an option was given to all such employees. The petitioner accepted the offer of his transfer and joined M/s Lafarge India Limited and thereafter served under his new employer for 19 months prior to the date of raising the dispute, claiming retiral medical benefits from his ex-employer.

The dispute, on being referred to the Deputy Labour Commissioner, a notice appears to have been issued to the Management of TISCO Limited and in response to the notice, the Deputy Labour Commissioner was informed by the Management of the TISCO Limited that the petitioner is no more under the employment of the TISCO Limited. The petitioner was accordingly informed. As it appears, despite such facts, the petitioner has wanted to pursue his claim for retiral medical benefits from his ex-employer and has filed this writ application.

The petitioner''s prayer for commanding the Deputy Labour Commissioner to adjudicate upon the petitioner''s dispute, appears to be misconceived, in view of the fact that the Deputy Labour Commissioner is not vested with any authority to adjudicate upon any dispute. For the same reason, the petitioner''s prayer for a direction to M/s TISCO Limited to co-operate in the conciliation process before the Deputy Labour Commissioner on the dispute raised by the petitioner, is also misconceived, considering the fact that the TISCO Limited had admittedly ceased to be the petitioner''s employer ever since after the date, the petitioner had accepted his employment under the new concern, namely, M/s Lafarge India Limited.

From the above reasons, I do not find any merit in this writ application. Accordingly, the same is dismissed.