- (1.) Petitioner has filed this petition under Article 226 of Constitution of India seeking a writ in nature of certiorari challenging the order dated 23.5.2013 (Annexure P-4) whereby the appropriate Government referred the dispute to the Industrial Tribunal.
(2.) Learned senior counsel for the petitioner has submitted that the workmen had approached this Court by filing CWP No. 10229 of 2011 seeking a direction to the management to fix their service conditions including all aspects of their employment vis-a-vis wages and other benefits on the pattern of wages and service conditions being provided to workers of Co-operative Sugar Mills in the State of Haryana. The said writ petition was disposed of by this Court vide order Annexure P-3. In terms of Annexure P-3, Conciliation Officer was required to hold conciliation proceedings as per Section 12 of the Industrial Disputes Act, 1947 ('Act' for short). However, in the present case, the appropriate Government has referred the dispute for adjudication to the Industrial Tribunal without holding conciliation proceedings.
(3.) Learned State counsel, on the other hand, has opposed the petition and has submitted that the appropriate Government was of the opinion that there existed an industrial dispute and, consequently, has referred the same for adjudication to the Industrial Tribunal.;