PASCHIM RAILWAY KARMACHARI PARISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE was issued on 23/09/2011 returnable on 10/10/2011. On 10/10/2011, the matter was adjourned for today. Though served, respondent no.1 did not instruct the learned advocate in advance. Learned advocate Ms.Rita Chandarana has received instructions to appear for respondent no. 2 only today i.e. 17/10/2011. 1.1 Learned advocate Ms.Rita Chandarana is permitted to file his appearance on behalf of respondent no. 2 today.

(2.) TAKING into consideration the submissions made by the learned advocate for the petitioner, the matter requires consideration. Rule. Learned advocate Ms.Rita Chandarana for respondent no. 2 and learned Assistant Government Pleader Mr. Rindani for respondent no. 1 waive service of process of Rule.

(3.) TAKING into consideration the observations made by the Division Bench of this Court, this Court is of the opinion that the present petition is required to be allowed and accordingly, the same is allowed. The impugned Orders (Annexure-C) passed by the Desk Officer are quashed and set aside. The respondent no. 1 is directed to consider the question of referring the matter to Labour Court / Industrial Tribunal for its adjudication. Rule is made absolute. No order as to costs.