HARIDAYANARAYAN GIRIJA TIWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner was in the employment of the General Manager, in-charge of the Greater Bombay Milk Scheme, as a vehicle driver in the Kurla dairy since January 7,1970. There after he was transferred to Worli dairy in or about 1979. It appears that on account of certain alleged acts of mis-conduct, a domestic enquiry was held against him and on the basis of the findings of the Enquiry Officer he was compulsorily retired vide a letter dated November 18, 1987. In respect of his compulsory retirement, the petitioner raised an industrial dispute in the following terms :-

(2.) IN the matter of the abovesaid industrial dispute, the Conciliation Officer submitted a failure report under Section 12 (4) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the said Act") on August 23, 1988. It further appears that thereafter the Government of Maharashtra did not take any action either making a reference or refusing the same to the Labour Court or the Industrial Tribunal under Section 12 (5) of the said Act. It further appears that a reminder dated September 21, 1988 was sent on behalf of the petitioner to the Secretary, Government of Maharashtra, Industries, Energy and Labour department but to no avail.

(3.) AGGRIEVED by non-action on the part of the Government, the petitioner filed the present writ petition under Article 228 of the Constitution.