TRIBENI PRASAD PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this writ petition, petitioner has prayed for issuance or a writ in the nature of certiorari quashing the orders dated 31.10.1996 (Annexure-1) and 22.8.1997 (Annexure-2 to the writ petition) passed by respondent Nos. 2 and 4 respectively.

(2.) The petitioner claims to have been appointed as Class IV employee in the Allahabad Bank in the district Bulandshahr on 11.2.1981 on the death of his father Jagannath Prasad who was a confirmed Class IV employee in the said Bank. It has been stated that having worked for 89 days, without any rhyme or reason petitioner was asked not to work. In view of the aforesaid fact, petitioner states that he approached the concerned authorities from time to time but his claim for continuance was not considered on account of which he had to make a detailed representation on 8.5.1995 raising industrial dispute against the illegal and arbitrary order of termination of his service. As the petitioner happened to be a poor person and not being in a position to contest his case before the respondent No. 2 he gave authority letter dated 8.5.1995 authorising the General Secretary of the U. P. Bank Employees Union to represent his case and to sign documents/papers, etc. on his behalf. It is said that notice was issued in respect to the petitioner's claim upon which a counter-affidavit was filed by the respondent No. 3 to which petitioner also filed rejoinder affidavit on 31.8.1996. Respondent No. 2 after considering the facts vide its order dated 31.10.1996 (Annexure-1 to the writ petition) rejected the conciliation proceedings and an information was sent in this respect to the appropriate Government who by its order dated 22.8.1997 (Annexure-2 to the writ petition) refused to make reference to the Industrial Tribunal for adjudication of the petitioner's claim on the ground that no Industrial dispute exists and the claim has been laid by the petitioner after lapse of 13 years. It is these two orders dated 31.10.1996 and 22.8.1997 (Annexures-1 and 2 to the writ petition respectively) which has made the petitioner aggrieved to come up before the Court.

(3.) Heard learned counsel for the parties and perused the pleadings as has been set forth in this petition and the material as has been placed on the record.