J U D G M E N T

V. KAMESWAR RAO, J

1. This petition has been filed by the petitioner / Bharat Heavy Electricals Ltd.

(BHEL) with the following prayers:

“On the foregoing facts and circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(i) Quash/set aside the Order dated 18.11.2020 vide Ref: No. ALC-11/8(33)/2020-AKB under Section 2A of the Industrial Disputes (Amendment) Act 2010, passed by the Assistant Labour Commissioner(Central) Delhi, in the capacity of Conciliation Officer, (ii) Quash the Notice dated 16/08/2021 issued to the Petitioner in I.D.No.116/2021, by the Ld. Presiding Officer, CGIT-Cum Labour Court-II, in pursuance of the Reference being made to the said Tribunal for adjudication of Industrial Dispute u/s 2-A of the I.D.

Act, 1947 and the proceedings consequential thereto.

(iii) pass such other and further order as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.”

2. In substance, the challenge in this petition is to an order dated November 18, 2020, of the Assistant Labour Commissioner (Central) Delhi (‘ALC’, for short), in his capacity as Conciliation Officer and also to a notice dated August 16, 2021, issued to the petitioner in I.D.No.116/2021, by the Presiding Officer, CGIT-Cum Labour Court- II (‘Labour Court’, for short) in pursuance to reference being made to the Labour Court for adjudication of the dispute under Section 2A of the Industrial Disputes Act, 1947 (‘ID Act’, for short). The order dated November 18, 2020, reads as under:

“NO: AL-C-11/8(33)/2020-AKB Dated: 18.11.2020 Certificate to be issued by the Conciliation Officer as provided under section 2A of the Industrial Disputes Act, 1947.

(TO WHOM SO EVER IT MAY CONCERNED)

This is to certify that Sh. Ram Raj, Sh. Chander Mohan, Sh. Ajay Prakash and Sh. Shiv Kumar filed an industrial dispute Through Delhi Rajya General Workers Union received in this office on 24.02.2020 under section 2A of the Industrial Disputes (Amendment) Act, 2010 in the office of Asstt. Labour Commissioner (Central), New Delhi-against the management of BHEL, M/s Aroon Aviation Services Pvt. Ltd., M/s Oynx Management Services Pvt. Ltd.

The Conciliation officer took up the matter in conciliation on Various dates. As on date no settlement could be reached. Now, the applicant wants to discontinue the present conciliation process and to take up the matter with the Central Government Industrial Tribunal-cum-Labour Court directly under the sub-section (2) and (3) of Section 2A of the Industrial Disputes (Amendment) Act, 2010.

The mandatory 45 days of filing his/her dispute before the Conciliation Officer as provided under “Section 2A(2) of the Industrial Disputes (Amendment) Act, 2010 has been completed on

9.4.2020.

This certificate is being issued to him exclusively for the purpose of enabling him to approach the Central Government Industrial Tribunal-cum-Labour Court for adjudication of the said dispute. The workmen are advised to file their dispute before the concerned CGIT-cum-Labour Court, Rause Avenue Court Complex, Deen Dayal Upadhyay marg, New Delhi.”

3. It is a conceded case, that pursuant to the aforesaid order, the respondents herein have filed a claim petition before the Labour Court on which notice has been issued on August 16, 2021.

4. The submission of Mr. Raj Birbal, learned Senior Counsel appearing along with Ms. Raavi Birbal, for the petitioner is that the ALC could not have issued the order dated November 18, 2020, advising the respondents to approach the Labour Court directly under Section 2A of the Industrial Disputes (Amendment) Act, 2010, rather the matter should have been sent to the appropriate government regarding the failure of the conciliation proceedings with reasons and it was for the appropriate government to apply its mind and exercise its power to refer the dispute to the Labour Court or not. In other words, it is their submission that by resorting to the impugned order dated Nove