B.VENUGOPALAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE . Heard forthwith. The short issue that has arisen in this petition is whether the order of the appropriate Government refusing to refer the matter to the Industrial Tribunal can be sustained. The case of the petitioner is that he was working with respondent No. 2. It is his further case that his services were illegally terminated in as much as juniors to him were retained while he who was senior was retrenched. His further case is that he was called upon to receive retrenchment compensation under force. It is therefore, contended that the termination being illegal he is entitled to be reinstated with back wages. The matter was taken in conciliation. The Conciliation Officer submitted his failure report. The appropriate Government by order of 31 -10 -2003 refused to make the reference. Hence, the present petition.

(2.) ON behalf of the respondent employer, the learned Counsel contends that the petitioner took up the matter before the Conciliation Officer nearly after seven months. Apart from that, he had signed the receipt receiving the entire compensation in full settlement of his dues. It is therefore, contended that the appropriate Government was right in rejecting the reference.

(3.) THE impugned order dated 31.10.2003 is quashed and set aside. Respondent No. 1 is directed to make reference according to law within the period of eight weeks. Rule made absolute accordingly. C.C. expedited. All parties to act on copy of this order authenticated by P.A.