LALA HAWSINH BHURIYA Vs. DESK OFFICER

JUDGEMENT

(1.) THE petitioner was appointed as Gangman with the western railway. As per the petitioner, he was on leave from 18.02.1991 to 27.12.1991, since he was sick and after producing medical certificate of fitness, he was reinstated from November,1995. Since petitioner remained on leave from April,1995 to October, 1995, his services were terminated by the Railway Authority. The dispute was raised by the petitioner through the union under the Industrial Disputes Act. The charter of demand was that the services of the workman have been illegally terminated, and therefore, workman is required to be reinstated in service with full backwages. The dispute came to be considered by Government of India, Ministry of Labour and at the time when the decision to be taken by the competent authority of Government of India, on the aspect of as to whether reference deserves to be made to the appropriate Court or not for adjudication under the Industrial Dispute Act, the decision has been taken at Annexure-B dated 17/21.08.2000, whereby the dispute is not referred for adjudication on the following reasons.

(2.) I have heard learned advocate Ms.Kamani for learned advocate Ms.Pathak for the petitioner, learned advocate Mr.Qureshi for the respondent no.1 and learned advocate Mr.Juneja has filed his appearance for the respondent no.2.

(3.) IF the facts of the present case are examined, in light of above referred legal position, the impugned decision cannot be maintained in the eye of law. Consequently, the same deserves to be set-aside.