The court held that a prior withdrawal of an application under Section 2A of the Industrial Disputes Act precludes a subsequent reference of the same dispute for adjudication.

ORDER :

1. The present writ petition has been filed for quashing the letter no. L-20012/16/2022-IR(CM-I), dated 23rd March, 2022 (Annexure-8 to the present writ petition), whereby the respondent no. 1 has erroneously declined to refer the dispute for adjudication to the Central Government Industrial Tribunal No. 1, Dhanbad. Further prayer has been made for issuance of direction upon the respondent no. 1 to refer the dispute with respect to regularisation of services of the petitioner to the Central Government Industrial Tribunal No. 1, Dhanbad within specified period.

2. Heard learned counsel for the parties and perused the materials available on record.

3. It appears that the petitioner-Ex-Havildar having Personnel No. 212113 was appointed on 7th June, 1979 in the service of the respondent no. 4. Charge-sheet dated 2nd March, 2010 under Clause 19(6) of the Company’s (i.e. respondent no. 4) Certified Standing Orders was issued to him for negligence of duty. The petitioner participated in the inquiry, which culminated in his dismissal from service of the respondent no. 4 w.e.f. 8th May, 2010. However, on the request of a recognized union i.e. Rashtriya Colliery Mazdoor Sangh, the management of respondent no. 4 took a decision to reinstate the petitioner on the substantive post of Havildar, Security w.e.f. 6th August, 2011 without paying back-wages. Thereafter, he was re-employed after granting continuity of service w.e.f. his initial date of appointment i.e. 7th June, 1979 and finally superannuated w.e.f. 30th April, 2016 after getting one year extension of service beyond 60 years of age. The petitioner, however, being aggrieved with the action of management of the respondent no. 4 with respect to his reinstatement in service without back-wages, filed I.D. Case No. 5 of 2018 before the Central Government Industrial Tribunal No. 1, Dhanbad invoking Section 2A of the Industrial Disputes Act, 1947 (hereinafter be referred as the Act, 1947) which was dismissed as withdrawn vide order dated 8th May, 2019.

4. According to learned counsel for the petitioner, the application under Section 2A of the Act, 1947 was withdrawn by the petitioner under wrong advice as he was already reinstated in service and had finally retired therefrom after availing the benefits of continuity of service along with one year extension of service. Nonetheless, the withdrawal of the said case does not come in the way of the petitioner to get the dispute adjudicated by the CGIT through reference which has arbitrarily been denied by the respondent no. 1 vide impugned letter dated 23rd March, 2022. It is also submitted that the role of the respondent no. 1 in referring the dispute to the Central Government Industrial Tribunal for adjudication is merely administrative in nature. It is not permissible to form its opinion on the merit of the case and decline the reference of the dispute.

5. To appreciate the said submission of learned counsel for the petitioner, it is relevant to go through the content of the letter dated 23rd March, 2022 issued by the respondent no. 1 on perusal of which, it appears that the reference of the dispute raised by the Bihar Colliery Kamgar Union on behalf of the petitioner has been declined primarily due to the reason that the petitioner had earlier raised the same dispute before the CGIT No. 1, Dhanbad under Section 2A of the Act, 1947 which was dismissed as withdrawn vide order dated 8th May, 2019. Hence, it cannot be said that while declining the reference of the dispute, the respondent no. 1 entered into the merit of the same, rather the dispute was not referred for adjudication to the CGIT, Dhanbad due to the fact that the application of the petitioner raising the same dispute before the CGIT No. 1, Dhanbad was already dismissed as withdrawn vide order dated 8th May, 2019.

6. Now the question for consideration of this Court is as to whether even after the order dated 8th May, 2019 passed by the CGIT No. 1, Dhanbad, whereby the petitioner