BADAHA JASHA GULACHAR Vs. DENA BANK

JUDGEMENT

(1.) .Rule. Learned counsel Mr. K.M.Patel waives service of notice of Rule on behalf of respondent no.1. Learned counsel Mr Samir J. Dave waives service of notice of Rule on behalf of respondent nos. 1 and 2. The present petition has been preferred against the order dated 29th August, 2003/9th September, 2003 passed by the Appropriate Government, whereby the Appropriate Government has refused to make a reference under Section 10 of the Industrial Disputes Act, 1947. (Hereinafter referred to as "the Act"). Therefore, the present petition has been preferred, inter alia, contending that the petitioner was working with the respondent no.1 bank since 1990. The respondent no.1 bank has terminated the services of the petitioner with effect from 6th February, 2003. It is submitted by the learned counsel for the petitioner that though it was established before the Appropriate Government for making a Reference that though the petitioner was working as an employee with the respondent no.1 bank since years, there is a termination of services by the respondent no.1 bank in violation of the provisions of the Act. The Appropriate Government has pre-judged the whole case, especially, the industrial dispute raised by the petitioner and thereby, has refused to make a Reference by giving reasonings dated 29th August, 2003/9th September, 2003. In fact, the Reference ought to have been made by the Appropriate Government to the concerned Labour Court. The petitioner is not required to place and prove full-proof case before Appropriate Government and such expectation is too much, unreasonable and excessive and tantamounts to exercise of jurisdiction which is not vested in the Appropriate Government. Hence, the order passed by the Appropriate Government deserves to be quashed and set aside and the matter is required to be remanded for its fresh decision for making a Reference under section 10 of the Act.

(2.) I have heard the learned counsel for the respondent no. 1 bank who has mainly contended that the petitioner is already listed at serial no. 4 of the waiting list of recruitment of subordinate staff of Junagadh district against vacancies reserved for ST candidates and he will be considered for appointment whenever his turn comes for employment and therefore, rightly, the Appropriate Government has denied the Reference under section 10 of the Act.

(3.) have also heard the learned counsel Mr. Samir Dave for the respondent nos. 2 and 3 who has supported the decision of the Appropriate Government.