- (1.) Heard learned counsel for the petitioner and learned counsels for the respondents.
(2.) The petitioner is the Vice -President of the registered Trade Union and had taken up the issue of a workman, viz, Uttam Kumar Saha, who is said to be working under the management of Bhowra Colliery of M/s Bharat Coking Coal Limited. An industrial dispute was raised for alleged denial to regularise the service of said Uttam Kumar Saha and after conciliation, the matter was referred to the appropriate Government by letter dated 14.8.2014 by the Assistant Labour Commissioner (Central) Dhanbad -III, which is contained as Annexure -2 to the writ application. By letter dated 25.9.2014, as contained in Annexure -3, appropriate Government has refused to make the reference before the Industrial Tribunal / Labour Court, stating that the petitioner was never authorised by the management, to work as Attendance Clerk (R.C.) and the service of the workman was not entitled to be regularised, as the union had failed to produce any documentary evidence to support the claim.
(3.) Learned counsel for the petitioner has placed reliance upon a decision of the Supreme Court of India in Telco Convoy Drivers Mazdoor Sangh and another Vs. State of Bihar & Ors., reported in AIR 1989 SC 1565, wherein, in similar circumstance, the order of appropriate Government refusing to refer the dispute on the ground that the person raising the dispute was not the workman, was set aside and the appropriate Government was directed to make reference. Learned counsel has submitted that in similar circumstance, several orders have been passed by this Court relying upon the decision of the Apex Court, as mentioned above.;