MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD counsel for the petitioner and the respondents

(2.) THE relevant facts arc not in dispute. THE challenge is to Ext. P7 passed by the firs! respondent. Petitioner was employed as a daily rated driver in the office of the fifth respondent during the period from 19-12-1987 till 28-6-1990. He is a workman under S. 2 (s) of the Industrial disputes Act. He had continuous service of more than 240 days during a period of 12 calender months preceding the date of termination of service and is, therefore, entitled to the benefit of S. 25 (f) of the Industrial Disputes Act. With respect to the termination of his service, there was a conciliation proceeding, which failed and the matter was referred to the first respondent, who passed the impugned order, Ext. P7, where it was observed, that "government have examined the matter in detail. Since the Tourism Department which does not come under the purview of the I. D act, 1947, there is no need to refer the matter for adjudication. Hence the adjudication of the above issue is declined and is recorded under Section 12 (5)of the I. D. Act, 1947. " According to the petitioner, no attempt had been made to examine the contentions he had raised on the legal aspects of the controversy. He was a daily rated employee and was not appointed to any public service within the meaning of the definition in Rule 2 (1) read with Rule 1 (15) of the kerala State and Subordinate Services Rules. THEse aspects arc not in serious dispute. Inasmuch as he had not been appointed to a public service or to a post in terms of Section 4 of the Kerala Public Services Act, he seems entitled to urge that the provisions of the Industrial Disputes Act are not excluded in his case. THE statement to the contrary in the impugned order, in my view, cannot be supported.

(3.) 1 set aside Ext. PV and direct the first respondent to refer the dispute to the Labour Court under Section 10 of the Industrial disputes Act, within four weeks of receipt of a copy of this judgment. The Original Petition is disposed of as above. . .