JILA SAHAKARI BANK LTD Vs. CONCILIATION OFFICER

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the prayer is that the order dated March 11, 1993 (Annexure No. 6) condoning the delay in making the application by the workman, respondent No. 2, for conciliation under Section 2A of the U.P. Industrial Disputes Act, 1947 (compendiously the 'Act') may be quashed by issuing a writ of certiorari.

(2.) There was some delay in making that application in view of the provision of the First Proviso Paragraph 2 of the Order dated December 31, 1957 (for short the order) issued by the State in the exercise of powers under Section 3 of the U.P. Industrial Disputes Act, 1947. The First Proviso provides that no application shall ordinarily be entertained by the Conciliation Officer if it is in respect of the dispute arising more than six months from the date of application. The second proviso enacts that the Conciliation Officer may entertain any application if he is satisfied that the applicant has sufficient cause for not making the application earlier. After hearing both the parties, Conciliation Officer had held that he was satisfied with the cause of delay, hence he condoned the delay and the employer was directed to file written statement on March 22, 1993.

(3.) Learned counsel for the petitioner urged that no reasons have been given by the respondent No. 1 in the impugned order dated April 11, 1993, even though the same was quasi-judicial order. Hence impugned order was erroneous. Reliance was placed on AIR 1990 SC 1984, S.N. Mukherji v. Union of India 1974-I-LLJ-138 (Woolcombers of India Ltd. v. Wool combers Workers Union) AIR 1988 (SC) 897 (Ramegowda Major Etc, v. The Special Land Acquisition Officer), 1987-I-LLJ-500 (Collector Land Acquisition Anantnag v. Mst. Katiji,) AIR 1979, SC 1666, (Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi).