RAKESH KUMAR TIWARI Vs. UNION OF INDIA & OTHERS
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
Rakesh Kumar Tiwari
UNION OF INDIA AND OTHERS
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(1.) The petitioner has filed the present petition challenging the order dated 24.06.2013 communicated on 08.11.2013 by which respondent No. 1 has rejected the reference made by the petitioner.
(2.) Brief facts of the case are that the petitioner was working as a Canteen Boy in the establishment of respondent No. 3 since July, 1993 in their Branch at Amahia. The work of the Messenger was also taken from the petitioner from time to time. All of a sudden, his services were terminated w.e.f. 29.02.2012. Being aggrieved by the order of termination, the petitioner has made an application before the Conciliation Officer, Shahdol. Thereafter, the conciliation proceedings were taken up by the Assistant Labour Commissioner (Central) and a failure report was sent to the appropriate government on 24.08.2012. Thereafter, the petitioner vide order dated 08.11.2013 of the Section Officer, Ministry of Labour & Employment, New Delhi has been informed about the order dated 24.06.2013 of respondent No. 1. The appropriate Government refusing to refer the dispute for its adjudication before the Central Government Industrial Tribunal on the ground that there is no employer-employee relationship between the petitioner and respondent No. 3. Being aggrieved by that order, the petitioner has filed the present petition.
(3.) Learned counsel appearing on behalf of the petitioner argues that letter dated 08.11.2013 (Annexure- P/4) is illegal and arbitrary. He submits that the appropriate Government while referring the dispute cannot go into the merits of the dispute holding that there is no employer- employee relationship between the petitioner and respondent No. 3 and thus, it has exceeded its jurisdiction while delving into the merits of the dispute. He further submits that the appropriate Government has only the administrative powers and cannot delve into the merits of the case. Under Section 10(1) of the Industrial Disputes Act, 1947, the function of the appropriate Government is administrative function and not a judicial or quasi judicial function. He further relied on the judgement passed by the Apex Court in the case of Telco Convoy Driver Mazdoor Sangh Vs. State of Bihar, AIR 1989 SC 1565.;
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