AMARESHWAR SAHAY, J. - (1.) SINCE the points involved in both the writ petitions are the same and similar, with the consent of the parties both the writ petitions were taken up together and, as such are being disposed of by this common judgment.
(2.) THAT Iron and Steel Company Limited, a company having its registered office at Mumbai and works at Jamshed -put, (hereinafter called as TISCO for the sake of convenience) has filed this writ application for quashing of the notification, contained in Memo No. 1048, dated 10.7.2004, issued by the Government of Jharkhand, referring the dispute to the Labour Court, Jamshedpur for adjudication in exercise of the powers under Section 10(1) of the Industrial Dispute Act. The dispute referred is as under: Whether not to take back Sri K. Chandrashekhar Rao and 73 other workmen (list enclosed) of M/s. TISCO Limited, Jamshedpur in service by their own TISCO Management after their transfer to M/s. Lafarge India Limited, is justified? If not, what relief they are entitled to? The main ground for challenge is that the reference by the Government of Jharkhand was without jurisdiction since w.e.f. 1.11.1999, the services of 74 concerned workmen stood transferred to M/s. Lafarge India Private Limited and, therefore, neither there was any relationship of employer or employees between TISCO and 74 concerned workmen nor any dispute existed or subsisted which could have been referred by the Government for adjudication and the Government without application of mind in mechanical manner referred the. dispute to the Labour Court.
(3.) THE petitioner company apart from other business, owned cement plants located at Jojobera in the District of Singhbhum (Jharkhand) and at Sonadih in the District of Raipur (Chhatisgarh). The said two cement plants were sold by the petitioner company to M/s. Lafarge India Private. Limited in March 1999 including the liabilities and assets and a business transfer agreement was entered into on 9.3.1999. There is no dispute of the fact that several employees of the petitioner company were working in the cement wings of the petitioner at its cement plants at Jojobera in the District of Singhbhum and at Sonadih in the District of Raipur before those plants were sold to M/s. Lafarge India Private Limited. Some of the employees of the petitioner, who were working in the cement plants, were transferred back to their, parent department and their places of posting and some of the employees of the petitioner were sent on transfer to the cement plants.;