Ashok Bhushan, J. - (1.) -Heard Sri S. S. Nigam, learned counsel for the petitioners in all the writ petitions, Sri K. Sahi learned counsel appearing for workmen and Miss Suman Sirohi learned standing counsel.
(2.) COUNTER and rejoinder-affidavits have been exchanged between the parties by consent of the parties, all the writ petitions are being finally disposed of. By these writ petitions, orders passed by Deputy Labour Commissioner, Moradabad Region, Moradabad, making reference of an industrial dispute under Section 4K of U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) to Labour Court, Rampur, have been challenged. Similar question being involved in all the writ petitions they are being decided by this common judgment. It is sufficient to refer pleadings in Writ Petition No. 27886 of 2004 for deciding the dispute raised in all the writ petitions.
(3.) SRI S. S. Nigam, learned counsel for the petitioner raised following submissions for challenging the impugned order of reference dated 17th June, 2004 : (i) The Deputy Labour Commissioner, Moradabad, vide notification dated 29th August, 1990, issued by the State Government exercises jurisdiction of making a reference under the Act with regard to districts, namely, Moradabad, Rampur and Bijnor. District Jyotibaphule Nagar not being include in the said notification under the jurisdiction of Deputy Labour Commissioner, Moradabad, the reference order dated 17th June, 2004 is without jurisdiction. (ii) By notification dated 28th August, 1990, issued under Section 6H (2) of the Act jurisdiction of different Labour Courts situate in Uttar Pradesh including Labour Court, Rampur has been provided in which districts Rampur, Moradabad, Bijnor, Nainital, Almora and Pithoragarh have been included. District Jyotibaphule Nagar not being included in the jurisdiction assigned to labour court, Rampur under Section 6H (2) of the Act, the reference to Labour Court, Rampur is not maintainable. Learned counsel for the petitioner has also placed reliance on a interim order passed by Division Bench of this Court dated 20th March, 2002 in Special Appeal No. 331 of 2002 which appeal was filed against the judgment of learned single Judge of this Court dated 27th February, 2002 in Writ Petition No. 8667 of 2002, M/s. Vam Organic Chemicals Ltd. v. Labour Court and others, by which judgment writ petition challenging the reference to Labour Court, Rampur was dismissed.;