K R BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner in this case is a workman who is aggrieved by the order of the Commissioner of Labour, Bombay, refusing to make a reference of the dispute to the Labour Court under section 10 (1) read with section 12 (5) of the Industrial Disputes Act, 1947 ("the Act")

(2.) THE petitioner is a workman. He was working with the Respondent No. 3 as a Turner for a period of about 9 years. He raised an industrial dispute on the ground that this services were terminated by the management. He served a demand for his reinstatement with full back wages and continuity of services with effect from the date of the alleged termination i. e. 31. 7. 1989 on 5th August, 1989. As the management did not concede to his demand, he approached the conciliation Officer under the Industrial Disputes Act, 1947, who took up the conciliation proceedings.

(3.) THE case of the petitioner was that he was working with the Respondent No. 3 for more than 9 years. After he joined the National Labour Union, he was threatened by the management. His further case was that he was forced to sign a letter of resignation and to accept the sun of money by way of settlement of account. His case was that his services had been illegally terminated by the management by obtaining his resignation forcibly. All the allegations of the workman were denied by the management.