- (1.) Seeking quashing of order contained in letter dated 05.11.2014 whereby, the respondent No. 1 has declined to refer the dispute for adjudication, the present writ petition has been filed. The brief facts of the case are that, on 14.06.2011, the petitioner Bihar Colliery Kamgar Union approached the Assistant Labour Commissioner (C), Dhanbad raising a dispute on behalf of one Smt. Malati Kamin alleging illegal and arbitrary action in not paying wages to her. In the said proceeding the respondent Eastern Coalfields Limited appeared and raised an objection as to maintainability. The respondent-Eastern Coalfields Limited asserted that the concerned employee was not an employee of Eastern Coalfields Limited and she never performed duty under the Management of Eastern Coalfields Limited. A failure report dated 09.04.2012 along with a copy of the application dated 14.06.2011 and the written statement of the Management dated 15.11.2011 were forwarded to the Central Government. The Central Government vide order dated 05.11.2014 declined to refer the dispute for adjudication.
(2.) Heard the learned counsel for the parties.
(3.) Relying on a decision of the Hon'ble Supreme Court in Telco Convoy Drivers Mazdoor Sangh and Another v. State of Bihar and Others, 1989 3 SCC 271 the learned counsel for the petitioner submits that, the impugned order contained in letter dated 05.11.2014 indicates that the respondent No. 1 has gone into the merits of the dispute which is not permissible. It is submitted that, function of the Central Government under Section 10(2) of the Industrial Disputes Act, 1947 is administrative in nature and in exercise of power under Section 10(2) of the Industrial Disputes Act, 1947 the Central Government cannot adjudicate the merits of the dispute. It is further submitted that, the length of delay in raising a dispute is not relevant rather, the appropriate Government is required to see whether in the meantime, the dispute has been kept alive. The learned counsel for the petitioner relies on decision of the Hon'ble Supreme Court in Sapan Kumar Pandit v. U.P. State Electricity Board and Others, 2001 AIR(SC) 2562.;