Sangeeta Chandra - (1.) Heard Sri Prashant Chandra, learned Senior Counsel assisted by Smt. Shraddha Agarwal for the petitioner - M/S Steel Authority of India Ltd. Jagdishpur, Sultanpur and Sri Ausaf Ahmad Khan assisted by Sri Sunil Kumar Singh appearing for the opposite party no. 3 - Joint Action Committee, Industrial Area Jagdishpur, the workmen's union of erstwhile M/S Malvika Steels which was running a factory in Industrial Area, Jagdishpur, District Sultanpur.
(2.) The petitioner has approached this Court challenging the order dated 22.5.2014 passed by the Under Secretary, Ministry of Labour, Central Secretariat, New Delhi wherein a Reference under Section 10(1) of the Industrial Disputes Act of 1947 has been made to the Central Government, Industrial Tribunal-cum-Labour Court, Lucknow with respect to the dues of the workmen which allegedly had not been paid and with respect to orders terminating their services by their erstwhile employer M/S Malvika Steels.
(3.) It has been submitted by the learned Senior Counsel that from a perusal of the Reference order impugned, it is apparent that the General Manager, Steel Authority of India Ltd., Industrial Area, Jagdishpur has been forwarded a copy of the Reference for necessary action, along with the workmen and the Presiding officer, CGIT-Cum-Labour Court, Aliganj perhaps a representation was filed which was referred to the Conciliation Officer and on basis of a report submitted by the Conciliation Officer to the Central Government the impugned Reference Order has been passed. The petitioner had earlier appeared before the Conciliation Officer and took a specific plea that they had purchased only the land and building along with plant and equipment and other fixed assets of M/S Malvika Steels Limited, Industrial Area, Jagdishpur, Sultanpur and had not taken over the liabilities of the erstwhile employers.;