N DURAIRAJAN Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) THE only point of law which arises for consideration in this writ appeal directed against the judgment of the learned single Judge in W. P. No. 261 of 1980 decided on 11th January 1980, dismissing the writ petition filed by the appellant herein is whether the appropriate Government was justified in declining to make a reference of an industrial dispute arising out of dismissal from service of the appellant herein.

(2.) THE appellant, at the relevant time was working in the Lignite Project of the second respondent as Foreman Grade X (Electrical ). He was at the time of his dismissal drawing more than Rs. 500 per month as his wages. It is not necessary for the purpose of deciding the question under consideration to recapitulate the facts leading to the dismissal of the appellant or the charges framed against him and we, therefore, refrain from doing so.

(3.) CONSEQUENT upon his dismissal, the appellant invoked the provisions of Section 2-A of the Industrial Disputes Act, 1947 and conciliation machinery was put in motion. It, however ended in failure and the Conciliation Officer - vide his communication dated 13th December 1976 - intimated to the appellant as well as to the second respondent the failure of the conciliatory proceedings. On the failure of the conciliatory proceedings, the matter went before the first respondent who, however declined to make a reference of the dispute to the Labour Court/tribunal stating that the appellant was not a 'workman' vide its order dated 8th September 1978 No. L-29012 (9)/76-D-III (B)/d-IV (B ). For facility of reference, that order is reproduced hereunder :