BHARAT ALUMINIUM MAZDOOR SANGH Vs. MANAGING DIRECTOR, BHARAT ALUMINIUM COMPANY LIMITED

JUDGEMENT

(1.) THESE writ appeals have been filed against the common order dated 9th of January, 2007, passed by the learned Single Judge of this Court, whereby, a batch of writ petitions involving a common question of law were allowed by the learned Single Judge.

(2.) THE facts briefly stated are as under: THE Inspector, Chhattisgarh Industrial Employment (Standing Orders) Act, 1961 (hereinafter referred to as 'the Act'), Korba, passed various orders exercising his powers under Sub-section (2) of Section 15 of the Act whereunder he himself adjudicated the disputes raised by the appellants holding that the concerned appellants were the employees within the meaning of Section 3 (d) of the Act read with Section 2 (13) of the Chhattisgarh Industrial Relations Act, 1960 and they shall be governed by the Standing Order of the Company. THE last paragraph of one of such orders dated 6-3-2006 (impugned in W.P. No. 1595/2006) is quoted as under :

(3.) THE learned Single Judge held that there was a dispute with regard to the applicability and interpretation of the Standing Order between the parties and the Inspector was having no jurisdiction to decide the said issue in exercise of power under the provisions of Section 15 of the Act and while allowing the writ petitions the employees were granted liberty to approach the appropriate forum for adjudication of their status and applicability of the Standing Order in disputes to them. It is against this common order passed by the learned Single Judge, these writ appeals have been filed.