JUDGEMENT
HIMA KOHLI, J. -
(1.)The present writ petition has been filed by the petitioner
assailing the order dated 7.7.2005 passed by the respondent No.1 refusing to
refer the disputes between the petitioner and the respondent No.2 for
adjudication. The reasons given for refusing reference of the disputes for
adjudication are as below :
"It is seen that the workman in respect of whom the dispute was raised
were engaged by M/s Reliance Security Services, an agency sponsored by
Directorate General of Rehabilitation for development of security personnel at
the LPG Bottling Plant in Piyala, Distt. Ballabhgarh. As per the directive of
Ministry of Petroleum and Natural Gas, the management of BPCL is required to
engage security personnel only through Directorate General of Rehabilitation
sponsored agencies. On expiry of the period for which M/s Reliance Security
Services was engaged as the Directorate General of Rehabilitation did not renew
the sponsorship, the security management of M/s Reliance Security Services came
to an end and the agency withdrew the workmen engaged by them. As the
withdrawal of the workmen from the premises of BPCL by M/s Reliance Security
Services was due to non-renewal of sponsorship by Directorate General of
Rehabilitation, the industrial dispute raised against the management of BPCL
does not subsist."
(2.)It is submitted by the learned counsel for the petitioner that
the respondent No.1 does not have the power to adjudicate upon the disputes in
respect of question of facts and law and that the same is purely within the
domain of the Central Government Industrial Tribunal/Labour Court. In this
regard, counsel for the petitioner seeks to place reliance on the following judgments :
1]. Sharad Kumar v. Govt. of NCT of Delhi and Ors. 2002 LLR 545;
2]. Sanjay Kumar v. UOI and Ors. LandSJR 2004 (1) 299;
3]. Khushi Ram v. UOI and Anr. 2005 LLR 389;
(3.)Learned counsel for the respondent No.1 fairly admits that as
per the settled law, the appropriate Government is not expected to give any
finding on merits while considering whether a case is fit for being referred for
adjudication to the Labour Court/Industrial Tribunal or not.
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