SAUMITRA DAYAL SINGH, J. - (1.) Heard Sri Sandeep Chaterjee, learned counsel for the petitioners, Sri Vivek Ratan, learned counsel for the respondent no.3 and learned Standing Counsel for the State. This writ petition has been filed by the Trade Union to challenge the order dated 30.12.2002 passed by the Labour Commissioner, Kanpur under Section 25 N (3) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act'); the order dated 30.04.2003, by which the Labour Commissioner had refused to refer for adjudication, the industrial dispute sought to be raised by the petitioners as to validity of the retrenchment made under Section 25 N of the Act; the order dated 27.05.2013, whereby the Labour Commissioner after the remand of this Court again refused to refer for adjudication the industrial dispute claimed to have arisen in respect of Section 25 N of the Act.
(2.) Briefly stated that the respondent no.3 had applied under Section 25 N (3) of the Act in respect of retrenchment of 110 employee. That application was allowed by the order dated 30.12.2002 in which proceedings, the petitioner was also heard.
(3.) It appears thereafter petitioner applied under Section 25 N (6) of the Act for review and or reference of the dispute as to the application of Section 25 N of the Act to the facts of the case. Upon this application being rejected by the Labour Commissioner vide order dated 30.04.2003, petitioner filed Writ Petition No. 38480 of 2003 was filed which was disposed of by the order dated 11.04.2012 on the following terms:- "The short grievance of the petitioner is that after having permitted the management to retrench the employees, the prescribed authority has refused to refer the matter to the tribunal. The question which calls for consideration is as to whether the employees have a right to seek reference independent to the provision of Section 25-N (6) of the Act. I am of the opinion that the employees have a right to seek reference of the dispute to the tribunal for which an appropriate application is required to be made before the appropriate Government. The petitioner may file an application before the appropriate Government within a period of 30 days, who shall after hearing the parties, shall take a decision to refer the mater to the tribunal for adjudication of the dispute." ;