MANJULA V GADAGOLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BY the impugned order dated 3-5-2003, the Government has refused to refer the dispute raised by the petitioner herein to the Labour Court for adjudication on the ground that the petitioner has raised the dispute belatedly.

(2.) ACCORDING to the petitioner, she was working as an Literate assistant on daily wages from 30-1-1986 to 13-3-1987 in the office of the 3rd respondent. According to her, she was terminated from services with effect from 13-3-1987. She raised the dispute on 12-11-2002. The State government by the impugned order, refused to refer the dispute for adjudication to Labour Court on the ground that the dispute is raised by the petitioner belatedly.

(3.) THE learned Counsel for the petitioner by relying upon the decision of the Division Bench of this Court in the case of Mypower Mazdoor welfare Union v The Secretary and Commissioner, Social Welfare and labour Department, Government of Karnataka, Bangalore and Another , submitted that the Government cannot delve into the merits of the dispute and take upon itself the determination of the Us, which is exclusive jurisdiction of the Labour Court or Industrial Tribunal. According to him, he has been making series of representations before the concerned authorities for reinstatement and the same are not considered by the authorities concerned. Therefore, the question as to whether the dispute is raised by the petitioner belatedly or not, according to him, has to be determined by the Labour Court and not by the Government. Per contra, Sri G. P. Suresh, learned High Court government Pleader argued in support of the order passed by the State government by contending that no useful purpose will be served even if the matter is referred to Labour Court for adjudication as the dispute is raised by the petitioner after the lapse of about 15 years.