Lakhmi Chand vs Secy. (Labour) Govt. Of National ...
1999 Latest Caselaw 428 Del

ORDER

Mukul Mudgal, J.

1. The petitioner joined the services of respondent No.2 as Mali on 1st April, 1972 and performed the duties of Garden Chawdhary. On 9th April 1987 the petitioner was transferred from Subhash Nagar to Khyala Village. The petitioner appeared in the trade test for the post of Garden Chowdhary and was declared successful. In 1994 he raised an Industrial Dispute before the Conciliation Officer for regularization of his services. Respondent No.1 vide its order dated 16th June, 1995 refused to refer the dispute to the Industrial Tribunal or Labour Court.

2. Aggrieved by the said order of refusal, the petitioner has filed this writ petition challenging the order dated 16th June 1995 passed by respondent No.1, Secretary (Labour), Govt. of National Capital Territory of Delhi, refusing the reference of the dispute sought to be raised by the petitioner to the Industrial Tribunal or Labour Court. The impugned order gives the following reasons for refusing to make a reference:

"There is nothing on record to suggest that Shri Lakhmi Chand had been given orders or deputed to officiate as Garden Chaudhary.

3. It is clear that this order delves into the merits of the dispute which is not permissible in law. This position of law is well settled in acordance with the law laid down by the Hon'ble Supreme Court in a judgment reported as Ram Avatar Sharma & ors. Vs. State of Haryana & Ors. , wherein the Hon'ble Supreme Court has held as follows:

"Therefore the view that while exercising power under Section 10(1) the function performed by the appropriate Government is an administrative function and not a judicial or quasi judicial function is beyond the pale of controversy.

Now if the Government performs an administrative act while either making or refusing to make a reference under Section 10(1), it cannot delve into the merits of the dispute and take upon itself the determination of lis. That would certainly be in excess of the power conferred by Section 10. Section 10 requires the appropriate Government to be satisfied that the industrial dispute exists or is apprehended. This may permit the appropriate Government to determine prima facie whether an industrial dispute exists or claim frivolous or bogus or put forth extraneous and relevant reasons not for justice or industrial peace and harmony. Every administrative determination must be based on ground relevant and germane to the exercise of power. If the administrative determination is based on the relevant, extraneous or grounds not germane to the exercise of power, it is liable to be questioned in exercise of the power of judicial review."

4. In view of the law position explained above as also the view taken by this Court in a judgment reported as General Secretary, Delhi Mazdoor Sangh and another Vs. Management of Indian Airlines and another, 1999 LLR 406 and since 1995 the reference has not even been made, the respondent No.1 is directed to make a reference to the appropriate authority within three months from the date of receipt of this order.

5. The writ petition is allowed accordingly with no order as to costs.