SUMANT KUMAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) THE State Government vide notification dated 13.04.00 referred the following dispute to the Labour Court, Lucknow which was registered as Adjudication Case No. 48 of 2000: "Kya Sevayojko Dwara Apne Shramik Sumant Kumar Dubey putra Shri Ram Sagar Dubey Ko Karya Prabharit Amin (Seench Paryavekshak) Ka Padnam Na Diya Jana Uchit Evam Vaidhanik Hai? Yadi Nahi, To Sambandhit Shramik Kya Hitlabh/Chatipurti Pane Ka Adhikari Hai Kis Tithi Se Tatha Kis Anya Vivram Sahit? THE Labour Court after examining the pleading of the parties has proceeded to record a categorical finding to the effect that the petitioner was never appointed as Amin (Seench Paryavekshak) after following the procedure prescribed for appointment on the said post neither any advertisement was made nor any selection took place. It has, therefore, been held that the appointment of the petitioner was de hors the rules and thereafter the reference qua his claim for regularization has necessarily to be answered in negative. THE Labour Court has also refused the relief of salary qua the post of Amin (Seench Paryavekshak). Reliance has been placed on the judgment of the Hon'ble Supreme Court in the case of State of Karnataka versus Uma Devi reported in 2006 (4) SCC, 01 I have examined the award and find that the Labour Court has rightly held that back door entrants cannot be regularized nor can be granted designation of the post as claimed in absence of any statutory rule/scheme having been framed for their regularization. THEre is no illegality in the Award so made. THE award is based on true and correct appreciation of facts and law. At this stage, counsel for the petitioner submits that the Labour Court has no jurisdiction to answer the reference because of lack of territorial jurisdiction. THE plea so raised is liable to be rejected on two grounds : a. Petitioner did not raise any such objection before the Labour Court. He took his chance by participating in the reference proceedings and now when he has lost he has comes up with a plea that the Labour Court has no jurisdiction to answer the reference. b. It is within the competence of the State Government to refer the dispute/ transfer the dispute from one Labour Court to another. THE order of reference dated 13.08.2000 has not been questioned either before the Labour Court or before this Court whereunder the State Government has referred the matter to the Labour Court at Lucknow. Writ petition lacks merit and is accordingly dismissed.