VIJAY KUMAR JHAMB Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition preferred by the workman under Article 226 of the Constitution of India seeks quashing of the order dtd. 17/12/2011 passed by the respondent under Sec. 12(5) of the Industrial Disputes Act (ID Act). Vide the impugned order, the respondent, the appropriate Government acting through the Regional Labour Commissioner has declined to refer the dispute raised by the petitioner for adjudication before the Industrial Tribunal.

(2.) The brief factual matrix necessary for adjudication of the dispute may be first noted. The petitioner joined the services of the State Bank of India on 10/4/1981 as a Clerk and was removed from service vide order dtd. 24/11/2004 pursuant to ex parte disciplinary proceedings held against him. As the petitioner had rendered more than 20 years of service, he applied to the bank for release of pension on the ground that he having submitted his resignation on 10/3/2004, he was entitled to pension. Upon receiving no response thereto, the petitioner through the All India Bank Staff Association raised a claim before the Assistant Labour Commissioner.

(3.) In the conciliation proceeding, the bank took the plea that the petitioner was not entitled to pension under the applicable Pension Rules. As the bank opposed the petitioner's claim, the Assistant Labour Commissioner acting as the Conciliation Officer submitted a failure report, whereafter, the respondent passed the impugned order declining to refer the petitioner's claim for adjudication.