Uttarakhand High Court
WPMS/578/2020 on 4 March, 2020
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
WPMS No. 578 of 2020 Hon'ble Manoj K. Tiwari, J.
Mr. D.S. Mehta, Advocate for the petitioner. Ms. Mamta Bisht, Deputy Advocate General for the State of Uttarakhand/ respondent nos. 1 to 5.
Heard learned counsel for the parties. This writ petition has been filed by Parle Shramik Sangh, Sitarganj, District Udham Singh Nagar through its Secretary. The reliefs sought in the writ petition are as follows:-
"a- Issue writ order or direction in the nature of Mandamus commanding and directing the respondents to implement the settlement executed on 18.08.2018 between the petitioner Union and respondent no. 6 factory management in presence of labour authority.
b-Issue writ order or direction in the nature of Mandamus commanding and directing the respondents to conduct the physical and confidential inquiry and verification of the 128 workers working in the factory from last ten years through contractor and even are not being given status of permanent workers by the factory who are working as operator in heavy machine for different work.
c- Issue writ order or direction in the nature of Mandamus commanding and directing the respondent factory to take decision/ take steps pursuant to demand charter of the petitioner union."
According to learned counsel for the petitioner, a settlement was arrived at between the workers and the management of Parle Biscuits Private Limited on 18.08.2018 in the presence of authorities of State Labour Department.
Grievance of the petitioner is that the management of Parle Biscuits Private Limited is not implementing the settlement.
Learned counsel for the petitioner submits that petitioner has submitted a representation to the competent authority, but no decision thereupon has been taken so far.
Since the grievance of the petitioner is against Parle Biscuits Private Limited, which is purely a private company and is normally not amenable to the writ jurisdiction of this Court, therefore, no direction can be issued to Parle Biscuits Private Limited.
Learned counsel for the petitioner then submits that the petitioner has made representation to the Labour Commissioner and Deputy Labour Commissioner (respondent nos. 2 & 3), however, the matter is still pending before them.
Having regard to the facts and circumstances of the case, the writ petition is disposed of with direction to respondent no. 3 to look into the matter and take appropriate steps for resolution of the dispute between the workers and management of Parle Biscuits Private Limited.
This Court hopes and expects that the respondent no. 3 shall pass appropriate order within a period of three months.
(Manoj K. Tiwari, J.)
Navin 04.03.2020