PARSURAM MISHRA Vs. CONCILIATION OFFICER & ANR.

JUDGEMENT

(1.) BY the present writ petition the petitioner prayed for issuance of a writ of certiorari commanding the respondent No. 1 for quashing the order dated 5th April, 1999 and further a writ of mandamus commanding the respondent No. 1 to entertain the dispute and try to bring a negotiated settlement.

(2.) BRIEF facts of the case are that the petitioner was employed in M/s. Century Pulp and Paper Mills, Ghanshyam Dham, Lal Kuon, Nainital. He joined his duties on 8th July, 1986. The petitioner has submitted that in August, 1987 he became ill and he suffered from mental disorder and had therefore, to undergo treatment. According to the petitioner, he was confined to the mental hospital Ranchi (Bihar) and when he became well and capable of resuming duty he approached the respondent company for being given employment. The petitioner has submitted that the respondent company did not permit him to resume duty. The petitioner thereafter approached the authorities under the U.P. Industrial Disputes Act, 1947 by initiating the conciliation proceedings and on 5th April, 1999, the conciliation proceedings were refused on the ground that he had not approached the labour Court within a period of six months from the date his services has been terminated. It is against this order of the respondent No. 1 that the petitioner has approached this Court.

(3.) ON the other hand, Mr. Gopal Narain, learned Counsel for the respondent No. 2 has vehemently opposed and has submitted that Conciliation Officer has rightly referred the dispute and has rightly rejected the proceedings on account of the delay.