Bihar Colliery Kamgar Union vs Union Of India & Anr
2021 Latest Caselaw 465 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (L) No. 5260 of 2019
      Bihar Colliery Kamgar Union        ..                                         Petitioner
                                         Vs.
      Union of India & Anr.                                           ...      Respondents
                                                ----------

                    CORAM:        THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                                 (Through: Video Conferencing)
             For the Petitioner                     : Mr. Saibal Kumar Laik, Advocate
             For the Respondent -BCCL                : Mr. A.K. Das, Advocate
                                        -----------
04/ 01.02.2021      The petitioner has knocked the door of this Court, assailing the order

dated 05.03.2019, whereby and whereunder the Central Government has dismissed the claim of the Kamgar Union /petitioner for referring the matter to the Tribunal.

Mr. Saibal Kumar Laik, learned counsel for the petitioner submits that Central Government cannot adjudicate the matter on merits and it is bound to refer the matter to Industrial Tribunal, which is the authority to adjudicate the matter on merits. He places heavy reliance on the celebrated judgment of Hon'ble Apex Court in case of TELCO Convoy Drivers Mazdoor Sangh Vs. State of Bihar & Ors., reported in (1989) 3 SCC 271.

On the other hand, Mr. A.K. Das, learned counsel for the respondent- BCCL vehemently opposes the contention of the learned counsel for the petitioner and submits that there is no illegality, in rejecting the claim of the Kamgar Union/petitioner. The dispute is not in existence and the Central Government is not bound to refer to the Tribunal as there is no employer and employee relationship between the parties on the day and as such, it is a belated claim. In this regard, counter-affidavit has already been filed. However, learned counsel for the petitioner submits that the same has not been served to him.

Put up this case after two weeks under the heading 'For Final Disposal'.

In the meantime, learned counsel for the respondent-BCCL is directed to serve the copy of counter-affidavit to the learned counsel for the petitioner.

(Dr. S.N. Pathak, J.) punit/-