GENERAL SECRETARY Vs. ASSISTANT LABOUR COMMISSIONER (CENTRAL)

JUDGEMENT

(1.) The present petition has been filed, inter alia, for the following prayer:-

(2.) The brief facts of the case are as under:-

(3.) Learned advocate Mr.K.R.Mishra has submitted that the Assistant Labour Commissioner (Central), Ahmedabad could not have rejected his application on the ground of jurisdiction since the same would not come within his domain. He has submitted that the Assistant Labour Commissioner (Central), Ahmedabad has in fact refused to initiate the conciliation proceedings on the ground of jurisdiction which would be contrary to the established law. In support of his submissions he has placed reliance on the judgment of the Supreme Court in the case of Telco Convoy Drivers Mazdoor Sangh & Anr. Vs. State Of Bihar & Ors., (1989) 3 SCC 271. It is submitted by him that in fact the petitioner is residing at Godhra and the conciliation officer could not have rejected his application on the ground of jurisdiction. Further, it is submitted by him that in fact the petitioner was originally appointed in Gujarat and the earlier proceedings have also undertaken before the authorities as well as the courts of Gujarat and hence, the impugned order may be set aside.