A.K.PATNAIK, S.S.JHA, A.M.SAPRE
Dy. C. M. E. Sub Area Manager – Appellant
Versus
Union Of India – Respondent
A.K. Patnaik, C.J.
1. This is a reference made to the Full Bench pursuant to the order dated21-8-2001 passed by the learned Single Judge in the present writ petition on interpretation of Section 10(1) of the Industrial Disputes Act, 1947 (for short 'the Act').,
2. The facts as stated in the order dated 21-8-2001 of the learned Single Judge are that the respondent No. 2 raised an industrial dispute before the Assistant Labour Commissioner (Central) by its letter dated 23-2-1995 contending inter alia that 152 contract workers deserve to be regularised and by not doing so, the Management has committed a gross illegality. The conciliation proceeding failed and the Conciliation Authority submitted a failure report dated 15-12-1995 to the Central Government. The Central Government by its order dated 27-12-1996 declined to make the reference on the ground that the respondent No. 2 Union failed to give any documentary evidence to prove that the workmen in question were engaged directly by the Management of the SECL and the dispute had been raised belatedly after 11 years and the Union had failed to give any justification for the inordinate delay. The respondent No. 2 challenged the orde
3. Western India Watch Co. Ltd. v. Western India Watch Co. Workers Union = AIR 1970 SC 1205
6. Stale of Bombay v. K.P. Krishnan = AIR 1960 SC 1223
2. Anand Kumar Dubey v. Union of India and Ors. = 2000(3) MPLJ 461
5. Bombay Union of Journalists and Ors. v. State of Bombay and Anr. = AIR 1964 SC 1617
4. National Engineering Industries Ltd. v. State of Rajasthan = (2000) 1 SCC 371
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