- (1.) The present writ petition has been filed for quashing the letter dated 27th December, 2017 (Annexure-8) issued under the signature of the respondent no.2, whereby the Government of India, Ministry of Labour & Employment (appropriate government) has refused to refer the industrial dispute with regard to dismissal of the concerned workmanAjit Bauri of Bera Colliery, Bastacolla Area of M/s. Bharat Coking Coal Limited for industrial adjudication.
(2.) Heard learned counsel for the parties and perused the materials available on record.
(3.) The present writ petition has been filed by the petitioner-Union to espouse the cause of concerned workman- Ajit Bauri, who was appointed as Miner Loader in Unit- Bera Colliery, Bastacolla Area of M/s. Bharat Coking Coal Limited, having Personnel No.M/L 03013992. A domestic enquiry was held against the concerned workman for his alleged misconduct i.e. for unauthorized absence from duty since 28th January, 2005 till initiation of the enquiry proceedings. After holding domestic enquiry, the petitioner was dismissed from service on 8th January, 2007. Thereafter, the petitioner-Union vide letter dated 11th December, 2015 (Annexure-6) raised industrial dispute before the Assistant Labour Commissioner (Central), D-III, Dhanbad-respondent no.3. A conciliation proceeding was held thereafter and the failure report was sent to the appropriate government vide letter dated 5th August, 2016. Subsequently, vide impugned letter dated 27th December, 2017 issued under the signature of the respondent no.2, the appropriate government refused to refer the dispute for industrial adjudication.;