JUDGMENT :

(Ravindra V. Ghuge, J.) :

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. By this petition, the petitioner Management has put forth prayer clauses (b), (c) and (d) as under:-

“(b) Issue writ or writ of mandamus or any other appropriate writ or directions or writ of mandamus in like nature and quash and set aside Conciliation admission order dated 11- 06-2019 and further entire Conciliation proceedings held by the Respondent No. 2 along with its failure report dated 22-01-2020.

(c) Be quash and set aside the Order dated 28-01-2020 and further notification of Reference dated 28-01-2020 issued by the Respondent No. 1 referring the dispute before Industrial Tribunal, Aurangabad for adjudication and further registration of Reference IT/01/2020 by the Industrial Tribunal.

(d) Pending hearing and final disposal of Petition Order and Notification dated 28-01-2020 issued by respondent No. 1 and pending reference No. IT/01/2020 before Industrial Tribunal may be stayed.”

3. After having heard the extensive submissions of the learned advocates for the Management and the Union and the learned AGP on behalf of the office of the Deputy Commissioner of Labour and the Assistant Commissioner of Labour, the learned advocates expressed a desire of tendering their written notes of submissions.

4. The written notes of submissions of the petitioner Management dated 01.02.2023, are reproduced verbatim as under:-

“01. The Petitioner is an incorporated Company, registered under the Companies Act as well as other applicable statutes. It has a factory situated at Plot No. B-36, Five Star Shendra, MIDC., Aurangabad. The Dy. Commissioner of Labour, Aurangabad Division, Aurangabad is acts on behalf of Govt. of Maharashtra and appropriate Govt. The Res. 2 is Conciliation Officer appointed under the Industrial Dispute Act 1947.

02. The Petitioner is engaged in the business of manufacturing of wide range power transmission engineering products, it includes Worm Gearbox, Helical & Bevel Helical Gearbox, Vertical Coal Pulverizing Mill Gearbox, Planetary Gearbox, Helical & Worm Geared Motors, Bevel Helical Cooling Tower Gearbox, Fluid Coupling both Constant and Variable Speed, Extruder Gearbox, Elevator Machines etc. It’s major supply is to industrial Engineering Customers.

03. That, to achieve ordered products, the Petitioner using modern technology by installing highly technological and latest advanced Computer numerical control machines. To operate such CNC machines, the petitioner appointed about 118 highly trained manpower. The Factory Manager is appointing and disciplinary authority to the employees employed by the Company.

04. That other than regular production activities or incidental work registered Labour Contractor under Contract Labour (R & A) Act 1970 are appointed. The Labour Contractors are independent establishments within the meaning of various Labour statutes like EPF & MP Act, ESIC, Professional tax, GST and other statutes. The Res. 2 being registered authority and in that capacity issued Registration Certificate and Licenses in the name of Petitioner and contractors to engage Contract Labourers. It means the Petitioner and Contractor are permitted to appoint labours on the terms as envisaged in the license.

05. Om Sai Manpower Services Pvt. Ltd., and M/s. Aurangabad Multi Services, independent labour Contractors were appointed to supply Labours as per agreement. The work allotted to Contractors or performed by its labou