The Kapurthala Central Co-operative Bank Ltd. vs The State of Punjab and Others

Gokal Chand Mital, J.—The workman sought reference and the State Government declined to refer the case Labour Court, Against the order declining reference, the workman came to this Court in CWP No. 3470 of 1986. By order dated 23.9 1986, this Court came to the conclusion that there was no merit in the same and dismissed it.

2 Thereafter, the workman again moved the same matter before the State Government for reference and by order Annexure P 6 dated 8th March, 1990 the State Government has referred the same matter to the Labour Court. The Management (The Kapurthala Central Co-operative Bank Ltd ) has come to this Court in the writ petition.

In view of the earlier Division Bench order of this Court in the earlier writ petition, the matter will operate as res judicata. The State Government was not empowered to refer the matter again for adjudication on the rule of finality of the previous decision.

4 Accordingly, the writ petition is allowed and order Annexure P-6 is quashed with no order as to costs.