AMARSHIBHAI MANGABHAI DANGAR Vs. ASSISTANT GENERAL MANAGER

JUDGEMENT

(1.) Heard Mr.Dharmendu Pandya, learned counsel for the petitioner, Mr.K.M. Paul, learned counsel for the respondent No.1 and Mr.Samir J. Dave, learned counsel for the respondent No.2.

(2.) In this matter, Rule has been issued by this Court (Coram : H.K. Rathod, J.) vide order dtd.1/4/2003, making it returnable on 20/7/2003.

(3.) The short facts giving rise to the present petition are as under;- According to the petitioner, he was employed as a full time Peon-Cum-Messenger with the respondent No.1 since October, 1995. The services of the petitioner came to be orally terminated from 18/8/2001. The petitioner has served notice on the respondent No.1 on 16/4/2002 and thereafter, started proceedings by way of filing complaint before the concerned Asstt.Commissioner of Labour. The conciliation proceedings were initiated by the Asstt. Commissioner of Labour (Central) Adipur and on failure of the conciliation proceedings, the Asstt.Commissioner submitted failure report under sec.12(4) of the Industrial Disputes Act, 1947. Thereafter, the respondent No.2 - Union of India has taken decision not to refer the industrial dispute to the concerned Industrial Tribunal. The order passed by the respondent No.2 dtd.10/10/2002 is under challenge in this petition.