Pyare Lal Sharma vs Govt. Of Nct Of Delhi And Ors.
2005 Latest Caselaw 86 Del

ORDER

Mukul Mudgal, J.

1. This writ petition challenges the order dated 12th February, 1996 passed by the Labour Secretary, Govt. of NCT of Delhi, declining to make a reference. The impugned order dated 12th February, 1996 reads as under:-

''GOVERNMENT OF THE NATIONAL CAPITAL TERRItorY OF DELHIOFFICER OF THE SECRETARY(LABOUR), 15 RAJPUR ROAD, DELHI.

No.F.24(4114)/94/Lab/7790-94 Dated 12.2.96.

ORDER

In the matter of dispute between the management of M/S Om Prakash Gauri Shankar, 535/36, Naya Bazar, Delhi and its workman Shri Pyare Lal Sharma c/o All India Foodgrain Kirana, Chemical and General Workers Federation, 100, Tilak Bazar, Delhi -6.

All the documents filed and submissions of the parties and report of the conciliation officer have been perused and it is found that this is not a fit case for reference to the Industrial Tribunal or Labour Court, Delhi for adjudication for the reasons given below:-

''Shri Pyare Lal Sharma has himself stated in the written statement in Civil Suit No. 1280/93 filed in the Court of Senior Sub-Judge Delhi that he is not in employment since 1986.''

As required under the provisions of Sub-section (5) of Section 12 of the Industrial Disputes Act, 1947 a copy of this order be sent to the parties concerned.

Sd/-(ASHOK KAPUR)SECRETARY (LABOUR)GOVT. OF THE NATIONAL CAPITALTERRItorY OF DELHI.''

2. In my view, the impugned order while declining the reference attempts to adjudicate the dispute on merit, a power not available to the Secretary (Labour) under Section 10 of the Industrial Disputes Act. Accordingly, the impugned order dated 12.2.96 is quashed and set aside.

3. The learned counsel for the petitioner has relied on a judgment of the Hon'ble Supreme Court in The M.P. Irrigation Karamchari Sangh v. State of M.P. and Anr., , to contend that a quasi judicial authority can not adjudicate the dispute on merit.

4. The said judgment supports the plea of the petitioner. Accordingly, as per the law laid down by the Hon'ble Supreme Court in the above judgment, the order dated 12th February, 1996, is set aside. The matter is remanded back to the Secretary (Labour) to dispose of the question of making a reference in accordance with law within six weeks from the date of receipt of this order. The writ petition stands disposed of accordingly.

5. All pending applications also stand disposed of accordingly.

6. The petitioner is permitted to supply a certified copy of this judgment on the Secretary (Labour) for appropriate order to seek its compliance. dusty.