AHMED N MAKADA Vs. GOVT OF INDIA

JUDGEMENT

(1.) Notice of this petition has been served on all the four respondents by Registered Post, but none has appeared to contest this petition. Consequently it is being finally disposed of at the admission stage.

(2.) Brief facts giving rise to this petition are as under : The petitioner was employed with the Memon Co.Operative Bank Ltd. He was served with an order of suspension dated 21.12.1995 and charge sheet dated 24.1.1996. Departmental Inquiry was conducted against the petitioner. It is alleged that the inquiry was conducted illegally and his demand for furnishing copies of documents was not given any heed. The petitioner was dismissed from service vide letter Annexure : A dated 11.8.1997. Feeling aggrieved the petitioner approached the respondent No.2 Assistant Labour Commissioner with his grievances contained in Annexure : B. The respondents No.3 and 4 appeared before the Conciliation Officer and filed their reply. Conciliation proceedings ultimately failed because of divergent view of the petitioner that he was not working as Branch Manager on the relevant date, having no powers of Branch Manager, whereas the stand of the respondents No.3 and 4 was that the petitioner was Branch Manager hence he is not workman within the meaning of Section 2(s) of the Industrial Disputes Act. Failure Report, Annexure : E, was submitted by the Conciliation Officer on 25.3.1998. Inspite of this the respondent No.1 did not refer the dispute to the Competent Industrial Tribunal, hence this writ petition.

(3.) The impugned order contained in Annexure : F reads as under :