RAM CHANDRA DIXIT Vs. UNION OF INDIA

JUDGEMENT

(1.) ASHOK BHUSHAN and ARUN TANDON, JJ. This intra-Court appeal has been filed against the judgment and order of Hon'ble single Judge dated October 15, 2008 whereby the writ petition filed by the present appellant being Writ Petition No. 43719/2008 has been dismissed.

(2.) FACTS relevant for deciding the present special appeal are: the present appellant claims to have been employed as casual labour in Railways. His engagement as such was put to an end on July 9, 1987. Such disengagement is stated to have been effected in violation of the provisions of the Industrial Disputes Act, 1947. The appellant made an application for re-engagement before the Management after 12 years, i. e. , in the year 1999, which was not considered. He thereafter made an application for conciliation under section 10 of the Industrial Disputes Act, 1947, the conciliation between the appellant and the employer failed. The Conciliation Officer forwarded the papers to the Central government for appropriate reference if any. The Central Government by means of the order dated July 28, 2000 refused to make the reference after recording as follows:

(3.) THIS order of the Ministry of Labour, government of India was subjected to challenge by means of the aforesaid writ petition. The writ Court has dismissed the writ petition after being satisfied that in facts of the case the refusal to make reference cannot be said to be illegal in any manner. The order of the hon'ble single Judge has been subjected to challenge by means of this appeal.