Court No. - 2
Case :- WRIT - C No. - 11627 of 2018 Petitioner :- Trivenee Sugar Mill Employees Union (District Level) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh,Rijwan Ahmad Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri S.K. Singh, for the petitioners and Sri Diptiman Singh, for respondent-4.
The writ petition has been filed against the notice issued by the Assistant Labour Commissioner dated 23.1.2018 by which he has called upon the petitioners for settlement, fixing 25.1.2018 and till disposal of the proceeding for settlement was pending employees were directed to maintain status quo and industrial peace on the spot.
It is not disputed by the counsel for the petitioners that employer has some grievance from the employees. In the circumstances settlement is the first stage for resolving the dispute which can be initiated by Assistant Labour Commissioner and if settlement is not arrived at, he will refer the matter for adjudication to the Labour Court or Industrial Tribunal, as the case may. In the present case the petitioners have been called for settlement. Thus impugned notice is neither illegal nor without jurisdiction.
In the fact of the case, the writ petition is disposed of directing the petitioners to appear before Assistant Labour Commissioner for settlement. He shall hear the parties and if they do not come to any terms within a period of six weeks, then he shall refer the dispute to appropriate forum for adjudication.
Order Date :- 30.3.2018 mt