RAM KRIPAL TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) ard counsel for the parties and perused the records. The petitioner was appointed as Hand Pipe Mechanic on 1/05/1987 on daily wage and was attached with the Junior Engineer in Block Birdha, District Lalitpur. He is admittedly a workman within the ambit of Section 2(z) of the U.P. Industrial Disputes Act, 1947. The petitioner has an alternative and efficacious remedy available to him under the aforesaid Act, as has been held by the Full Bench in Chandrama Singh v. Managing Director, U.P. Co-operative Union, Lucknow and others 1991 (63) FLR 478 (All-FB). The petitioner prays that the State Government may make reference to the Labour Court at the earliest and the same may be decided by the Labour Court.

(2.) On the prayer of the counsel of the petitioner, without going into the merits of the case, it is directed that the petitioner may make an application to the Regional Conciliation Officer and on receipt of the application he may initiate conciliation proceedings. In case no settlement is arrived at between the parties, reference may be made by the competent authority to the concerned Labour Court for adjudication of the dispute. On receipt of the reference the Labour Court shall proceed to decide the reference in accordance with the time frame under Rule 12 of the U.P. Industrial Dispute Rules, 1954 and shall adjudicate the dispute finally preferably within a period of six months from the date of receipt of reference by the Labour Court.

(3.) With the aforesaid observations, the writ petition is disposed of finally.