IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP ( L ) No. 6314 of 2008
Employers in relation to the Management of
Damodar Valley Corporation, Soil Conservation Department,
R & T Division, Hazaribagh through Joint Director of
Personnel residing at BNS House, Main Road, Hinoo
P.O. PS Doranda, Honoo, Dist. Ranchi .... Petitioner
Versus
Baijnath Mistri ... Respondent
Coram : HON'BLE MR. JUSTICE J.C.S.RAWAT
For the petitioner/appellant(s) : Mr S.K. Ughal
For the opposite party/ respondents : xxx
23/11/2009
. This writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking issuance of an appropriate
direction for quashing the order dated 25.9.2008 ( Annexure 7 to the writ
petition ) passed by the Presiding Officer, Central Government Industrial
Tribunal cum Labour Court at Dhanbad in Reference Case No. 62 of 2002
whereby the application of the petitioner for deciding the jurisdictional
point has been directed to be decided along with other issues after
recording evidence of the parties.
In substance, the Central Government referred the
matter to the Tribunal and the petitioner filed an application that the
matter pertains to the abolition of the Contract Labour and the subject
matter relates to the State Government and the Central Government has
no power to refer the matter for adjudication. It is the State Government
who is competent to refer the matter to the State Tribunal.
After hearing the parties, the Tribunal came to the
conclusion that this issue requires evidence and it also held that all issues
should be disposed of at one time and the Tribunal should dispose of the
issues, whether preliminary or otherwise, at one point of time. Holding the
above view the application was decided accordingly.
I have heard the learned counsel for the petitioner and
perused the records.
It is a well settled principle of law that in a dispute
referred under sections 10 and 12 of the Industrial Disputes Act, 1947, the
Tribunal should dispose of the issues together, either preliminary or
otherwise. In view of the principle laid down by the apex court in a catena
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of decisions, there is no infirmity in the order passed by the Presiding
Officer of the Tribunal and I am completely in agreement with the findings
of the Tribunal.
In view of the above, the petition is devoid of any merit
and is fit to be dismissed.
This writ petition is accordingly dismissed.
Ambastha/ (J.C.S.Rawat,J.)