Partly allowed

United Coal Works Union through Union Representative Naresh Prasad Singh v. Union of India Ministry of Labour and Employment

Jharkhand HC9 Jul 2018WPC/1809/2018

Case brief

AI extract

What is this about?

Writ petition seeking direction for Union of India to refer industrial dispute to Tribunal after conciliation failure. Court directed UOI to take decision within ten weeks.

What did the court decide?

UOI directed to take decision on referral within ten weeks from receipt of order unless already taken.

What the court decided

United Coal Works Union through Union… — Service and Employment | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (L) No.1809 of 2018

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United Coal works Union, through Union Representative-Naresh Prasad Singh, having its registered office at Bhurkunda, District Hazaribagh.

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.......... Petitioner.

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-Versus-

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Union of India, Ministry of Labour & Employment, Shram Shakti Bhawan, Rafi Margh, New Delhi-110001.

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The Secretary, Ministry of Labour & Employment, Government of India, Shram Shakti Bhawan, Rafi Margh, New Delhi-110001.

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Assistant Labour Commissioner (Central), Ministry of Labour & Employment, Government of India, Shram Bhawan, New Colony, Jagjeevan Nagar, Saraidhela, District Dhanbad.

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Bharat Coking Coal Limited, through its Chairman-cum-Managing Director, Koyla Bhawan, Koyla Nagar, Dhanbad.

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Director (Personnel), Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, Dhanbad.

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General Manager, Block-II Area, Nawagarh, P.S. Barora, District Dhanbad.

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.......... Respondents.

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner : Mr. Arpit Kumar, Advocate For the UOI : Mrs. Bakshi Vibha, Advocate For BCCL : Mr. A. K. Mehta, Advocate -----

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Order No.05 Date: 09.07.2018

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The present writ petition has been filed for issuance of direction upon the respondent-Union of India to forthwith consider the conciliation failure report (Part-I), as contained in Letter No.1/(54)/2016-E-4 dated 31^st October, 2017/20^th November, 2017, issued by the respondent no.3 under Section 12(4) of the Industrial Disputes Act, 1947 (hereinafter to be referred as ‘the Act’) and, thereafter, to refer the said industrial dispute under Section 12(5) of the Act to the Central Government Industrial Tribunal, Dhanbad for its adjudication.

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The petitioner-Union has filed the present writ petition with a limited grievance that though the respondent no.3 has sent the conciliation failure report vide letter dated 31^st October, 2017/20^th November, 2017 to the Secretary, Government of India, Ministry of Labour and Employment, New Delhi- the respondent no.2, yet no decision has been taken by the respondent-Union of India for referring the industrial dispute for adjudication.

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-2-

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Having heard learned counsel for the parties, it appears that the respondent no.3 vide letter dated 31^st October, 2017/20^th November, 2017 has sent the conciliation failure report under Section 12(4) of the Act to the Secretary, Ministry of Labour & Employment, Government of India, new Delhi.

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According to the petitioner, the respondent-Union of India has not taken any decision as required under Section 12(5) of the Act. Thus, without entering into the merit of the case, the respondentUnion of India is directed to take appropriate decision in pursuance of the letter dated 31^st October, 2017/20^th November, 2017 issued by the Assistant Labour Commissioner (Central), Dhanbad (respondent no.3) within a period of ten weeks from the date of receipt/production of a copy of this order, unless already taken.

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The writ petition is disposed of with the aforesaid direction.

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(Rajesh Shankar, J.)

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Sanjay/

United Coal Works Union through Union Representative Naresh Prasad Singh v. Union of India Ministry of Labour and Employment

Case brief

What is this about?

What did the court decide?

What the court decided

United Coal Works Union through Union Representative Naresh Prasad Singh v. Union of India Ministry of Labour and Employment

Case brief

What is this about?

What did the court decide?

What the court decided

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