M THANGARAJ Vs. UNION OF INDIA REP

JUDGEMENT

(1.) The petitioner prays for a writ of certiorarified mandamus to call for all the connected records on the file of the first respondent pertaining to the passing of the impugned order dated 5.5.1995, quash the same and consequently direct the respondent No.1 to refer the dispute of the non-employment of the petitioner with the respondent No.2 and 3 for adjudication before the Labour Court or Industrial Tribunal.

(2.) The petitioner at the relevant point of time was working as a Points man, Madurai Division under the control of the fourth respondent. He was charge sheeted on the charge that he obstructed the train at LC gate at KM 598/13-14 from taking off at outer signal for T.No.783 pass by squatting on the track which resulted in 20 Mts. delay of the train on 6.2.1985.

(3.) The petitioner denied the charge and after due enquiry, the petitioner was dismissed from service. As against the order of dismissal, petitioner raised Industrial Dispute and by virtue of the impugned order the request for reference was rejected on the ground the dispute has been raised belatedly after more than six years without justifiable reason for the delay. Hence the above writ petition.