B.K. Roy and R.K. Mahajan, JJ. - (1.) The petitioner-Company, has come up with a prayer to quash the Second Reference dated 20.3.1990 arising out of C.B. Case No. 29 of 1989 made under Section 4K of the U. P. Industrial Disputes Act (as contained in Annexure-5 to the writ petition).
(2.) The petitioner asserts, inter alia, that it is a company registered under the Indian Companies Act, 1956 having two units ; its unit at Walterganj is a seasonal industry and it has three kinds of workmen, namely, (i) Temporary, (ii) Seasonal, and (iii) Permanent ; its Union raised an industrial dispute for two workmen, namely, Suresh Kumar Srivastava and Nagendra Prasad Singh (who have filed an impleadment application) by filing a claim dated 21.4.1989 as contained in Annexure-1 which was numbered as C.B. Case No. 29 of 1989 before the Conciliation Officer. Basti ; the petitioner filed its objections dated 31.5.1989 (as contained in Annexure-2) ; to its objection the Union filed rejoinder dated 4.7.1989 (as contained in Annexure-3) ; the Conciliation Officer heard the matter and submitted his report to the State Government which, vide its order dated 19.12.1989 (as contained in Annexure-4) after expressing its opinion that no industrial dispute exists or is apprehended declined to refer the dispute for adjudication before the Labour Court and directed the file to be consigned to the record room ; however, on receipt of the Second Reference Order issued on 20.3.1990 (as contained in Annexure-5) the petitioner came to know of it which was made without issuance of any notice to it and without assigning any reason and thereby it is liable to be quashed.
(3.) The writ petition was placed before a Division Bench on 9.5.1990 and it was admitted. In regard to the stay application filed by the petitioner, notice was issued and an interim order was passed to the effect that until further orders, further proceedings in Adjudication case No. 29 of 1989 pending before Labour Court, Gorakhpur shall remain stayed.;