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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties.
Employees of Geeta Bhawan Trust raised an industrial dispute, which was sent for conciliation; conciliation proceedings have failed and now Competent Authority has referred the dispute, for adjudication to Labour Court, Haridwar.
Petitioner has challenged the failure report submitted by Conciliation Officer, reference order issued under Section 4-K of U.P. Industrial Act, 1947 and also the summons issued by Labour Court.
From perusal of the failure report, it is revealed that employer was not ready to accept any demand made by the workmen, therefore, Conciliation Officer had no other option, but, to submit a failure report. The Competent Authority under Section 4(k) of U.P. Industrial Disputes Act has referred the dispute for adjudication.
It is settled position in law that the power to refer a dispute for adjudication to a Labour Court/ Industrial Tribunal is administrative in nature. Adequacy or sufficiency of material based on which opinion is formed to refer the dispute is beyond the pole of judicial review.
When the appropriate Government refers a dispute for adjudication, it does not decide any question of fact or law. The only condition, which the exercise of that power should satisfy, is that there should be the existence or apprehension of an industrial dispute. Once the Government is satisfied about this question, it acquires jurisdiction to refer the dispute for adjudication.
Scope of judicial review of a reference order is very limited as held by this Court in its judgment dated 30.05.2019 rendered in WPMS No. 1543 of 2019. This case does not fall in that category where order of reference can be judicially reviewed.
Similarly, the notice issued by Labour Court to petitioner cannot be interfered with as without notice, proceeding before learned Labour Court cannot commence.
Thus, the reliefs, as claimed cannot be granted and there is no scope for interference with the impugned orders.
Accordingly, writ petition fails and is dismissed. However, petitioners shall be at liberty to raise all contentions before learned Labour Court.