- (1.) Heard Ms. Sumati Rani Gupta, learned counsel for the petitioner and Sri Rohan Gupta, holding brief of Sri Yashwant Varma, learned counsel appearing for the respondents-Company.
(2.) Writ petition is directed against the order dated 08.09.2009 of Government of India communicating to the petitioner the decision of Government declining to refer dispute for adjudication observing that Government did not consider that dispute fit for adjudication since it has already been adjudicated by higher Court and the order dated 21.01.2010 rejecting representation of petitioner for reconsideration of matter and making reference for the same reason. The reason actually assigned by respondent No.1 for declining to make reference for adjudication may be quoted as under: "prima facie, this Ministry does not consider this dispute fit for adjudication for the following reasons: The issue raised in the dispute has already been adjudicated by higher courts."
(3.) It is contended by learned counsel for the petitioner that observation that "dispute is not fit for adjudication" amounts to an executive adjudication by Government itself, which is not permissible and the impugned order, therefore, is wholly without jurisdiction. Adjudication of dispute is only permissible by Adjudicatory Forum constituted under U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "Act 1947" and the only enquiry permissible at the end of respondent No.1 whether there exist or apprehended an industrial dispute and once existence of such a dispute is there, appropriate Government has no option but to refer the dispute for adjudication.;