PRAKASH Vs. SUPERINTENDING ENGINEER ELECTRICAL

JUDGEMENT

(1.) IN these Writ Petitions, the petitioners challenge the order at Annexure B issued by respondent 4 stating that the reference is not maintainable on the ground that the dispute relates to seniority and absorption. The matter is well settled that if an individual raises a dispute it can only be for removal, termination or dismissal. If the workman wants to raise a dispute with regard to absorption and regularisation, that can only be done by Union which can raise the dispute on behalf of the workman or workmen. The Bombay Union of journalists and Others v. The 'hindu' Bombay and Another AIR 1963 SC 318 : 1961-II-LLJ-436 states that dispute cannot be made by an individual person if it relates to regularisation and absorption unless the dispute is taken up by the union.

(2.) IN these circumstances, there is no merit in the Writ Petition. Writ Petition stands dismissed. This will not preclude the workmen to raise any dispute through the Union in accordance with law.