Ramjeet vs State of Haryana and Another

Ashok Bhan, J.—In this writ petition, the petitioner seeks quashing of order dated December 6, 1990, Annexure P-5 and the subsequent order dated March 6, 1993 passed on the representation of the petitioner by the respondent-State declining the reference u/s 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as ''the Act'')-

Respondent-State declined the reference on the ground that the workman was found to be absent from duty and his services were terminated as serious allegation of misbehaviour stood proved against him in inquiry. This amounts to final adjudication of the dispute which the dispute which the State Government had no jurisdiction to do. It would strictly be in the domain of the Labour Court to decide the dispute on merits. The State Government has only to ascertain whether an industrial dispute existed or not. The respondent-State clearly erred in refusing the reference claimed by the petitioner. Order dated December 6, 1990, Annexure P-5 and the subsequent order dated March 6, 1993 passed on the representation made by the petitioner are therefore, quashed. Respondent-State is directed to reconsider the matter and refer the industrial dispute raised by the petitioner for adjudication to the Industrial Tribunal under the Act.

This writ petition is allowed with no order as to costs.