- (1.) Seeking quashing of Reference Order dated 04.06.2012 under Section 10 (1)(d) and 2A of the Industrial Disputes Act, 1947, the present writ petition has been filed. A further prayer seeking a declaration that the Rreference Order dated 04.06.2012 made by the Central Government is not maintainable as the dispute referred therein is not an industrial dispute within the Industrial Disputes Act, 1947, has been made.
(2.) The facts narrated in the writ petition are summarised thus; The petitionerSteel Authority of India Limited is a Government Company incorporated under the Companies Act, 1956. The respondent was appointed as Construction Supervisor on 24.11.1970. He filed an application under Section 33A of the Industrial Disputes Act, 1947 seeking promotion in different grades and to the post of Executive. The said application was registered as Misc. Case No. 10 of 1986. An award dated 17.01.1991 was passed directing the Steel Authority of India Limited to promote the respondent to the post of Construction Supervisor GradeI with effect from 06.06.1977, Additional Divisional Engineer with effect from 21.06.1979, Divisional Engineer with effect from 17.02.1983 and Zonal Manager with effect from 30.06.1987. The award was challenged by the petitionerSAIL in C.W.J.C No. 1485 of 1991 which was quashed by the High Court vide judgment dated 08.09.1995. The respondent approached the Hon'ble Supreme Court and the appeal preferred by him was dismissed however, a direction was issued that the promotion granted to the respondent may not be interfered with and he may not be reverted to any lower post from the post to which he was already promoted. The respondent thereafter, filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 for computation of the benefits amounting to Rs. 19,540/ with interest at the rate of 12%. A prayer seeking refund of penal rent deducted during the period December, 1986 to April, 1989 was also made in the said case which was registered as M.J. Case No. 05 of 1989. The said M.J. Case No. 05 of 1989 was dismissed and the writ petition [WP(L) No. 318 of 2002] challenging the said order was also dismissed vide order dated 06.11.2007. The respondent opted for V.R.S. and received the benefits under the V.R.S. Scheme and accepted the separation order dated 27.03.2004. Accordingly, the respondent was released from service of the petitionerSAIL with effect from 31.03.2004. About 8 years thereafter, the respondent raised a dispute which was referred to the Central Government Industrial TribunalcumLabour Court No. 1, Dhanbad. Aggrieved, the present writ petition has been filed.
(3.) Heard the learned counsel for the petitioner.;