N BALAKRISHNAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THIS is a petition for the issue of a certiorarified mandamus calling for the records of the Government of Tamil Nadu in g. O. Ms. No. 1270, Labour and Employment department dated 21st October 1978, quash the same and direct its reconsideration. By that government Order, the 1st respondent refused to refer an industrial dispute relating to the non-employment of the petitioner.

(2.) THE petitioner was employed in the 2nd respondent Co-operative Stores as Assistant cashier for about 13 years. He was placed under suspension pending an enquiry by order dated 26th March 1976. Certain charges were framed against him on 10th May 1976 and ultimately, on the ground that the charges have been proved, by an order dated 6th December 1976, he was dismissed from service with retrospective effect from the date of suspension viz. , 27th March 1976. He raised an industrial dispute under Section 2-A of the Industrial disputes Act (hereinafter called the Act) and the matter was taken up for conciliation. On the conciliation Officer sending a failure report and on a consideration of the same, the 1st respondent by order dated 21st October 1978 declined to refer the dispute for adjudication. The impugned order of the 1st respondent reads as follows:

(3.) LEARNED counsel for the petitioner contended that the reasons given by the government amounts to an adjudication of the dispute and arrogation of the jurisdiction vested in the Labour Court to itself, which is not permissible, and therefore, the impugned order is illegal. Before referring to the decisions relied on by the learned counsel for the petitioner, it would be convenient to set out certain provisions in the Act. Section 22 (5) of the Act reads as follows: