N RAMATHILAGAM Vs. LABOUR OFFICER CONCILIATION

JUDGEMENT

(1.) The petitioner seeks for the issue of a writ of mandamus directing the first respondent to take on file the Industrial Dispute instituted by him under Section 2-A of the Industrial Disputes Act (hereinafter referred to as the Act).

(2.) As against the order of dismissal dated 19.03.2002, the petitioner had initiated proceedings under Section 2-A of the Act.

(3.) The petitioner contends that he joined the services of the Company on 2.11.1991 as a daily wage employee but doing the work of permanent nature. He was made permanent on 2.7.1996 after completion of service of more than five years. On 28.6.2001 he was issued a show cause memo stating that he was absented himself for 12 days without prior permission and asking for his explanation. Without any enquiry, the Manager suspended him for 30 days. Thereafter, a memo of show-cause was issued on 9.2.2002 alleging that he was absent during certain days and that in respect of show-cause memo an enquiry was conducted and eventually dismissed from service on 19.3.2002. Thereafter the petitioner presented an Industrial Dispute before the Labour Officer (Conciliation), Kuralagam, Chennai - 600 001. But the said officer refused to receive the application stating that the petitioner having been employed in the factory at Arakonam, he has raised a dispute at Vellore. However, no written order was given to the petitioner and hence the said writ petition.