D.G.R.PATNAIK, J. - (1.) HEARD Sri Kalyan Roy, learned Counsel for the petitioner and Sri G.M. Mishra, learned Counsel for the respondents.
(2.) CHALLENGE in this writ application is to the order dated 10.07.2007 (Annexure -8) passed by the Joint Labour commissioner, Government of Jharkhand whereby, on deciding upon an application filed by the petitioner under Section 33C(1) of the Industrial Disputes Act (hereinafter referred to as the Act), had directed the petitioners to approach the Labour Court under Section 33C(2) of the Act for deciding the dispute. The petitioners have prayed for issuance of an appropriate writ for quashing the impugned order and for issuance of a direction to the respondents to decide the application under Section 33C(2) of the Act. A counter affidavit has been filed on behalf of the respondent Management of TISCO (Respondent No. 6) and also on behalf of the respondent Deputy Commissioner (Respondent No. 5).
(3.) THE facts of the petitioners' case in brief are as follows: The petitioner is a Union representing its members who have retired under the E.S.S. Scheme (Early Separation Scheme) from Tata Steel Ltd., between the period 01.01.1997 to 31.12.2001. An agreement, known as the Tripartite Agreement, was entered into on 29.09.2003 between the Management of TISCO Ltd. and the TISCO workers union. The terms of agreement was made applicable to the employees who had retired under the ESS Scheme and it was decided that the employees will be paid the balance amount after adjusting the advance already paid to them for the period from 01.01.1997 to 31.12.2000. On the basis of the agreement, the members of the petitioner - union have claimed payment of arrears to the extent of Rs. 1,85,075/ -and Rs. 1,01,870/ -for two of its members namely A.K. Pandey and V.C. Bhandari. Similar claims have also been put forward in respect of the other members of the petitioner -union. When inspite of repeated representations, the respondent - Management of TISCO Ltd. failed to make the payments, the petitioner -union filed a representation before the Deputy Labour Commissioner, Jamshedpur for implementation of the Tripartite Agreement. Though both the parties had appeared in the proceeding before the Deputy Labour Commissioner, Jamshedpur but the matter could not be resolved. The petitioner -union thereafter filed an application before the Respondent No. 2 to initiate a proceeding under the provisions of Section 33C(1) of the Act. When the representation was not disposed of promptly, the petitioner -union filed writ application before this Court vide W.P.(S) No. 4390 of 2006. While disposing the writ application by order dated 01.09.2006, this Court had directed the Respondent No. 2 to dispose of the application as expeditiously as possible. Pursuant to the directions of this Court, the Respondent No. 2, by the impugned order dated 10.07.2007, disposed of the application filed by the petitioner -union by directing them to move the Labour Court for calculation of the amount payable to them. Equivalent Citation:2009 -JX(Jhar) -0 -1154;