Satya Pal vs Union of India (UOI) and Another

N.G. Nandi, J.—Rule

Despite the adjournments spreading over two years, no counter- affidavit has been filed by the respondents.

Respondent No. 1 vide impugned order dated April 4, 1997 (Annexure ''A'') has refused to make reference on the ground that the SLP against the judgment of the C.A.T in O.A. Nos. 1386/1988, 1600/1988, 1602/1988, 1626/1988, 1795/1988 and 2337/1988 are pending before the Supreme Court since the dispute raised by the petitioner is with regard to the management of the Central Road Research Institute, Delhi in respect of the workman Satya Pal on the only ground stated in the impugned order.

This matter is directly covered by the Division Bench judgment in C.W.P. No. 67/1994.

In C.W. No. 67/1994, the Division Bench of this Court held that simply because the dispute as regards the management being the "Industry" is pending before the Supreme Court and the Supreme Court having stayed the operation of the said judgment, the respondent No. 1 cannot refuse the reference observing that the ground on which a reference has been refused by the Central Government is wholly extraneous, irrelevant and unsustainable in law.''

The petition, Therefore, deserves to be granted and the impugned order (Annexure ''A'') quashed.

In the result, writ petition is granted and the impugned order is hereby quashed and that respondent No. 1. is directed to reconsider the case of the petitioner in accordance with law within three months from today.

Petition disposed of accordingly.