The Bombay High Court recently refused to interfere with the order of the Assistant Labour Commissioner which rejected the application filed by the Lal Zenda Coal Mines Mazdoor Union seeking reference of the industrial dispute to an Industrial Tribunal.
The petitioner No.1 (Brij Bihari Singh) had once knocked at the doors of the High Court by filing a petition seeking a direction to the respondents to correct his father’s name from Ram Bacchan to Bacchan and also to correct his date of birth from 28/11/1954 to 01/08/1963 in-service record.
The Petition was dismissed by the High Court on 18/06/2014. It was observed that the High Court was not in a position to adjudicate upon the issue regarding the correct date of birth of the petitioner and the correct name of his father.
On behalf of petitioner No.1 (Brij Bihari Singh), on July 2, 2018 secretary of Lal Zenda Coal Mines Mazdoor Union (petitioner No.2), for the first time, filed an application before the Assistant Labour Commissioner seeking reference of the industrial dispute to an Industrial Tribunal. This application, termed as representation/complaint dated 2nd July 2018, by the impugned order passed by the Assistant Labour Commissioner, Chandrapur was rejected.
Assistant Labour Commissioner found that the Union was not authorized to raise the issue, with the petitioner No.1 having retired from service on November 30, 2014 was no more a workman and that the employer/employee relationship had ceased to exist and thus...
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