1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7683/2005. : : Pramanu Vidhyut Karamchari Union Vs. Union of India & Ors. : : Date of Order 26.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Suresh Kashyap for the petitioner. Mr.Kunal Rawat for the respondents. Heard learned counsel for the parties. This writ petition has been filed by Pramanu Vidhyut Karamchari Union through its Secretary assailing the order of appropriate Government dated 19.8.2002 whereby the prayer of the petitioner for reference of the industrial dispute was declined. Learned counsel for the petitioner has argued that the Union of India vide its order dated 19.8.2002 has declined to make the reference on the premise that the demand of the petitioner-union and the workman is not supported by any case law or any order of the Department of Atomic Energy or any other Government of India's order. It is 2 argued that appropriate Government could not itself decide the rights of the petitioner in the sense whether such rights can be substantiated by the law or not and this should have been left to be decided by the Industrial Tribunal/Labour Court if and when the reference was made. Learned counsel cited the circular passed by the General Manager, Heavy Water Plant, Kota, Department of Atomic Energy dated 3.11.1989 according to which, it was decided to grant six compensatory holidays per year to the round the clock shift personnel w.e.f. 1.4.1988 at the rate of one compensatory holiday during a period of two months. It was contended that the aforesaid plant and the plant in which the members of the petitioner union are working i.e. Rajasthan Atomic Power Station are both under the control of Department of Atomic Energy of Govt. of India and their nature of duties is also identical. Learned counsel for the respondents opposed the writ petition and submitted that the petitioner could not substantiate their case. Reference was also made to the minutes of the meeting held on 23.6.1989 in the room of IFA, Heavy Water Board where the protective clothing for employees of all Heavy Water Plants were decided which included the compensatory holidays as aforementioned. 3 Learned counsel submitted that the petitioner could not be granted those benefits because neither was there any Government order nor any circular nor any other law to justify so. It is trite law that the appropriate Government in exercise of its power under Section 10 read with Section 12 (5) of the Industrial Disputes Act cannot go into the merits of the case and reject the prayer for making reference on the premise that it is not supported by any case law or any Government order. The petitioner has prima faice been able to show that the nature of work that its members are discharging and the nature of work being discharging by those who covered by the Circular dated 3.11.1989 issued by General Manager, Heavy Water Plant which is substantially similar and that the Heavy Water Plant and Rajasthan Atomic Power Station, which are both located at Kota, are subject to control of the Department of Atomic Energy, Govt. of India. In the facts and circumstances of the case, I find that the action of respondents in not making reference to the learned Central Industrial Tribunal vide impugned order dated 19.8.2002 is arbitrary and illegal. In the result, this writ petition is allowed, impugned order dated 19.8.2002 is set aside and the matter 4 is remitted back to the Government of India, Ministry of Labour for reference of the industrial dispute to the appropriate Court/Tribunal in accordance with law. Necessary order in this regard be passed within a period of three months from the date copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.48.