Amitava Lala, J. - (1.) The Court: In this writ petition two orders of the competent authority being dated 22nd March, 2001 and 10th May, 2001 addressed to the President and Secretary of the concerned Union are under challenged before this Court. In both the communications the appropriate Government instead of referring the matter to the Industrial Tribunal/Labour Court considered on a prima facie view that there is no dispute for adjudication for the following reasons : "The workmen in respect of whom the dispute was raised were not appointed by the management of CPT".
(2.) The President of Union by a letter dated 19th April, 2001 made a prayer for review of the refusal to refer the dispute to the Industrial Tribunal/Labour Court. I find from the records the order communicated by the pen of Under Secretary, Government of India, Ministry of Labour is dated 10th May, 2001. Therefore, it can likely be construed that the same answer was given in respect of review or reconsideration of the matter.
(3.) In any event, facts are more or less well settled that the petitioners are working in different categories of shops established by the Calcutta Port Sramik Co-operative Societies Ltd. This Co-operative was set up at the instance and sponsorship of the Commissioner of Port of Calcutta under the directive of Union Cabinet, Government of India. Previously, a writ petition was moved before this Court being C.O. No. 5950 (W) of 1996 where under by an order dated 27th November, 1998 a Bench of this Court held "the question s to whether the respondents No. 1 to 3 are the real employees and have been working through the smokescreen of a committee, can be decided only if an industrial dispute is raised by the petitioners.";