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JAY SENGUPTA
G. Tulsi Das – Appellant
Versus
Principal Chief Conservator of Forests – Respondent
JUDGMENT :
Jay Sengupta, J.
1. This is an application under Article 226 of the Constitution of India praying for direction upon the respondent authorities to pass an order in terms of Section 12(5) of the Industrial Disputes Act and for quashing the order dated 16.06.2022 passed by the Assistant Secretary (Labour), Andaman and Nicobar Administration.
2. Learned counsel appearing on behalf of the petitioner submitted as follows. The petitioner was working as a regular mazdoor in the Department of Forest, Andaman and Nicobar Islands. On 08.05.2015, the petitioner was dismissed from service. The order was affirmed by the Appellate Authority on 01.12.2015. Both the orders were challenged before the learned Central Administrative Tribunal which set aside the orders and remanded the matter back vide Order dated 14.06.2019. This Court thereafter affirmed the order of the Tribunal with certain modifications on 24.12.2019. On 17.07.2020, the Disciplinary Authority dismissed the petitioner from service by concluding the disciplinary proceeding. The appeal preferred by the writ petitioner was also dismissed on 19.01.2022 holding that there was no provision for such appeal. Thereafter, the peti
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
Point of Law : whether or not the industrial dispute exists or is apprehended in the meaning of Section 10(1) of the Act can be decided by the appropriate Government alone and not by any other author....
The Appropriate Government's role is to determine the existence of a dispute, not to adjudicate on the merits, and refusal to refer should be in extraordinary cases.
A government's refusal to refer an industrial dispute for adjudication based on purported lack of service continuity without exploring all relevant circumstances is improper.
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
The existence or apprehension of an industrial dispute is a condition precedent for making a reference under Section 10(1) of the Industrial Disputes Act, and delay and laches can lead to the presump....
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