- (1.) HEARD the parties.
(2.) THE Respondent No. 3 herein, i.e. the General Secretary, Rashtriya Washery Mazdoor Sangh, had filed C.W.J.C. No. 3488/1998(R) before this Court for direction to the concerned respondents to refer the dispute arising in view of inaction of the Management of M/s Central Coalfields Limited denying absorption the members of the petitioners union, working in Swang, Kathara and Kargali collieries. This Court disposed of the said writ petition on 17.2.1999 giving liberty to the writ petitioners to approach the concerned respondents, who will consider the matter and pass an appropriate order on filing of such application by the petitioner. The said order has been annexed as Annexure -2 to the writ application. Pursuant thereto, on the application of the aforesaid Rashtriya Washery Mazdoor Sangh, the Central Government by issue of Annexure -1 dated 19.3.1999 in exercise of powers u/s 10 of the Industrial Dispute Act referred the aforesaid dispute to the Central Government Industrial Tribunal for adjudication. From the said reference dated 19.3.1999 (Annexure -1) it appears that the Central Government took note of the facts that earlier also with regard to the same issue raised on behalf of 317 workmen of Swang Colliery the dispute was referred by the Central Government for adjudication vide reference dated 27.6.1992. Similarly, with regard to 140 workmen of Kathara Colliery vide reference dated 12.8.1992 the dispute was referred for adjudication and further by reference dated 7.2.1997 the dispute with regard to 427 workmen of Kargali Coal Washery was referred for adjudication. By the said order of reference dated 19.3.1999 the Central Government directed that the earlier disputes, which were referred, i.e. reference case nos. 77/92, 46/92 and 21/97 shall be treated as amalgamated with present dispute which was referred vide Annexure -1.
(3.) THE management of Central Coalfields Limited has challenged the said order of reference by the Central Government dated 19.3.1999, mainly on the ground that no such dispute was ever raised before the Assistant Labour Commissioner (Central) nor at any point of time, conciliation proceeding was initiated nor there was any failure report and, therefore, the said reference is bad in law and that order of amalgamation of all the three disputes, which were referred earlier with the present reference was also bad in law.;