H M VENKATACHALIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) The source of this writ petition is an application filed by the petitioner who was an employee in the Mysore State Road Transport Corporation for a reference to the Industrial Tribunal under S.10 of the Industrial Disputes Act. This application was presented on June 6, 1962, and the dispute concerned the dismissal of the petitioner from service on August 13, 1957.

(2.) The Mysore State Road Transport Corporation was established on August 1, 1961 and the employees of the Mysore Government Road Transport Department were entitled to opt for service in the Corporation. Since the petitioner by then had been dismissed, that option was not and could not be made available to him. The dispute which was sought to be refered to the Industrial Tribunal was the dispute concerning the prayer for reinstatement which the petitioner had made.

(3.) That application presented by the petitioner under S.10 of the Industrial Disputes Act was dismissed by Government on February 2, 1966 on two grounds. The first was that the petitioner had 'no case in law' and the second was that he should have approached the Corporation earlier and that had he done so the Corporation might have considered his case on humanitarian grounds.