- (1.) The present writ petition has been filed for the quashing of the reference order dated 27th April, 2012, the order of the State Government dated 26th September, 2012, by which the reference order was amended. The petitioner has also challenged the order dated 05th March, 2013, whereby the labour court rejected the application of the petitioner to consider the written objection first before they filed the written statement, and consequently, debarring the petitioner to file the written statement. The petitioner has also challenged the order dated 04th April, 2013, whereby their recall application was rejected.
(2.) It transpires that the State Government referred the dispute of 14 workers with regard to the validity and legality of their order of termination dated 11th August, 2011. Subsequently, the reference order was amended exparte and the dispute of 74 workers was also incorporated. The contention of the petitioner is, that the amendment of the reference order could not have been done exparte without hearing the petitioner and without giving any notice.
(3.) The issue as to whether the employers are required to be given an opportunity of hearing before a reference is issued is no longer res integra. This issue has been decided by the Division Bench of this Court in Indian Explosive Ltd. (Fertilizer Division) Panki, Kanpur Vs. State of U.P. And others, 1981 42 FLR 423, The Division Bench of this Court held that neither the employer nor the workman can claim any right to be heard before an order of reference is made either initially or on second thoughts. The Court held that when an order is passed under Section 4-K of the Act, the power in substance is exercised on behalf of the public at large and in the interest of the community and that the order of reference on its own force, does not affect substantive right of the parties, which have to be ultimately decided by the Industrial Tribunal or the Labour Court. The Division Bench was clearly of the opinion that neither the employer nor the workmen can claim any right to be heard before an order of reference is made either initially or on second thoughts.;