Calcutta High Court (Appellete Side)
Ibp Company Limited Thika Shramik Union ... vs Akb Union Of India & Ors on 28 August, 2019
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
1
Ct.
No. 28.8.19 W.P. 8555 (W) of 2019
12
IBP Company Limited Thika Shramik Union & Anr.
1 -Versus-
akb Union of India & Ors.
Mr. Biswaroop Bhattacharyya
Mr. Krishnendu Bhattacharyya
Mr. Pratik Majumdar
Mr. Somsuvra Mukherjee ...For the Petitioners
Mr. Kaushik Chanda
Ms. Chandreyi Alam ...For Respondent Union of India
Mr. Soumya Majumder Ms. Sharmishtha Ghosh ...For Respondent No. 5 By consent of the respective parties, the matter is taken up for final disposal by treating the same as on day's list for final hearing.
This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by non-consideration of his application dated January 16, 2019 by the Assistant Labour Commissioner (Central), Government of India, Ministry of Labour, being the Conciliation Officer under the Industrial Disputes Act, 1947.
The case of the petitioner is that 105 contract labourers, working under the Principal Employer, being Indian Oil Corporation Limited, have a right to be regularised due to various reasons. It is the case of the petitioner that their representation needs to be decided by the Conciliation Officer.
2Mr. Kaushik Chanda, learned Additional Solicitor General appearing on behalf of the respondent Union of India submits that the application for consideration may be looked into by the concerned Conciliation Officer and points of law may be kept open before him.
Similar submission has been made by Mr. Soumya Majumder, learned Counsel appearing on behalf of the respondent No. 5.
I have heard the learned Counsel appearing on behalf of the parties.
In my view, the Conciliation Officer under Section 12 of the Industrial Disputes Act, 1947 should consider the representation made on January 16, 2019 in accordance with law. The Principal Employer shall be at liberty to raise all issues including the issue with regard to whether these contract labours are employees under the Industrial Dispute Act and whether the dispute that has been raised in this writ petition is an industrial dispute or not.
Accordingly, the concerned Conciliation Officer, being the respondent No. 4 is directed to grant an opportunity of hearing to all the relevant parties and thereafter pass a reasoned order within a period of three months from date of communication of this order. While passing such reasoned order, the Conciliation Officer is 3 directed to act in accordance with Section 12 of the Industrial Disputes Act, 1947.
The reasoned order should be communicated to all the parties within two weeks from the date of passing such reasoned order.
With the aforesaid observations, the writ petition is disposed of.
Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
( Shekhar B. Saraf, J.)