Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the records.
(2.) By means of the present writ petition, the petitioner has challenged the validity and correctness of an order dated 5.6.1999, Annexure-1 to the writ petition, by which the Industrial Tribunal had advised the workmen to raise an industrial dispute by initiating the conciliation proceedings under Section 10 (1) of Industrial Disputes Act for the Contract Labour (Abolition and Regulation) Act as well as the order dated 29.7.1999, Annexure-7 to the writ petition, by which the Tribunal held that the reference is not maintainable, as the Industrial Tribunal-I is a Government of India undertaking and the State Government is not competent to refer the dispute under Section 4K of the U.P. Industrial Disputes Act, 1947.
(3.) The brief facts of the case are that the State Government on being satisfied that an Industrial dispute exists, referred a dispute for adjudication to the Industrial Tribunal at Allahabad for regularization of the employees of B.P.C.L. The matter was registered as Adjudication Case No. 51 of 1986. This case remained pending before the Industrial Tribunal at Allahabad for about 13 years and ultimately the Tribunal gave its award on 19.1.1998 and submitted to the State Government for publication. Thereafter, by an order dated 30.1.1999, the State Government in exercise of its power under Section 6 (3) of the U.P. Industrial Disputes Act remitted the award to the Tribunal for its publication. The Tribunal by its impugned order dated 5.6.1999, informed the parties that the reference by the State Government was incompetent as the B.P.C.L. was a Government of India undertaking, hence the State Government was not appropriate Government for reference.;