DINESH GOPALBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mrs.Falguni Patel, learned AGP, waives service of rule on behalf of the respondents. At the joint request of the learned advocates for the parties, the petition is taken up for final disposal today.

(2.) In the present petition, the petitioner challenges the legality of the order dated 4.7.2000 by which the complaint of the petitioner was not entertained as well as the orders dated 10.12.2002 and 3.2.2003 by which the requests of the petitioner for reconsidering the earlier decision were also turned down.

(3.) The short facts leading to the present petition are that the petitioner who was engaged by the respondent Nos.4 & 5 had sought to raise an industrial dispute for which purpose he approached the Assistant Labour Commissioner for conciliation with respect to his demand for being reinstated in service.The Assistant Commissioner of Labour, however, was pleased to reject the said application by his order dated 4.7.2000 on the ground that since the Bombay Civil Services Rules are applicable to the petitioner, no industrial dispute has arisen. Subsequently also, the demand of the petitioner to reopen the said issue at the end of the Assistant Labour Commissioner met with no success and by orders dated 10.12.2002 and 3.2.2003, the applications of the petitioner were rejected.