SECRETARY BARAUNI TEL SHODHAK MAZDOOR UNION Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, the Secretary of the Barauni Oil Refinery Labour Union (Barauni Tel Shodhak Mazdoor Union) has applied under Articles 226 and 227 of the Constitution of India praying that the order dated the 11th August 1972 passed by the State Government (Annexure 1 to the writ application) refusing to refer the alleged industrial disputes be quashed by a writ on the ground that the same was invalid.

(2.) The only ground made by the petitioner in challange of the impugned order is that the order is not in accordance with sub-section (5) of Section 12 of the Industrial Disputes Act, 1947 , as the reasons for refusing to refer the disputes are not stated in the same.

(3.) The undisputed facts of the case are that the Labour Union had raised a number of disputes with the Indian Oil Corporation Ltd. Barauni Oil Refinery Management (Respondent No. 3) and mutual negotiations having failed to settle up the disputes, the matter was taken by the Labour and Conciliation Officer of the Government of Bihar. But he failed to conciliate and the proceeding ended in a failure. The Conciliation Officer submitted his failure report to the State Government. The matter was then taken up by the Commissioner of Labour, who submitted his report dated 15-6-1972 to the State Government, a copy of which has been made Annexure 'A' to the counter-affidavit filed on behalf of respondent Nos. 1 and 2. On receipt of these reports, the Government decided to refer only some of the items of the disputes to the Industrial Tribunal. Patna, by a notification dated 28-6-1972, and 14 items of disputes having been considered not fit for reference, were not referred and the parties were informed accordingly, as required under Section 12 (5) of the Act by the impugned notification dated 11-8-1972 (Annexure 1).