- (1.) Heard counsel for the parties and with their consent, this application is disposed of at the stage of admission.
(2.) Petitioner in this writ application has challenged the letter dated 09.09.2003 (Annexure-7) issued by the concerned department of the Central Government whereby a dispute purportedly raised by and on behalf of the workmen, has been referred for adjudication to the Industrial Tribunal.
(3.) From the rival submissions of the counsel for the parties, it appears that a dispute was raised by the Union on behalf of the concerned workmen ventilating the grievance of the workmen that they are not satisfied with the terms of the N.C.W. Agreement and the wages fixed pursuant to the Agreement. The matter was referred to the Conciliating Officer for conciliation. After hearing the disputing parties, the dispute was settled at the level of the Conciliator and thereafter no further dispute subsists between the parties. The grievance of the petitioner is that despite of such settlement, the appropriate Government by the impugned letter, has sought to refer a purported industrial dispute for adjudication to the Industrial Tribunal though in fact there exists no dispute whatsoever of the nature referred to in the impugned letter. Adverting to the provisions of Section 12(3) of the Industrial Disputes Act, learned counsel for the petitioner explains that during the subsistence of a tripartite settlement arrived at in conciliation proceeding, any demand raised cannot constitute the subject matter of the reference under Section 10(2) of the Industrial Act unless the said settlement has been terminated by issuance of an appropriate notice as contemplated under the provisions of Section 19(2) of the Industrial Disputes Act.;