RAJESH PARSOTTAM GALORIA 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 denial of making a Reference under section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") by the Appropriate Government vide order dated 11th January, 2003 at Annexure "D" to the petition.

(2.) The learned counsel for the petitioner mainly submitted that by not making the Reference, the Appropriate Government has pre-judged the whole industrial dispute. In fact, the present petitioner is working with the respondent no.1 bank since more that one decade. The services of the petitioner were terminated by the respondent no.1 bank in December, 2001. Therefore, a complaint was made to the Assistant Commissioner of Labour (Central), Ahmedabad. But instead of making a Reference under section 10 of the Act, to the Labour Court, the Appropriate Government has pre-judged the whole industrial dispute vide order dated 11th January, 2003 mainly for the reason that the petitioner is not entitled to get any relief under the Act. The reason given by the Appropriate Government vide its order dated 11th January, 2003 reads as under:

(3.) Thus, from the aforesaid reasoning, the Appropriate Government has tried to establish that first of all, the petitioner ought to be entitled to get a relief under Industrial Disputes Act, 1947 and then only a Reference can be made. This tantamounts to pre-judging the whole industrial dispute and therefore, this Court may quash and set aside the order dated 11th January,2003 at Annexure "D" and the matter may be remanded for a fresh decision by the Appropriate Government for making a Reference under section 10 of the Act.