RAMCHANDRA VITHAL PRABHU DESSAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition challenges the communication bearing No. 28/17/84-ll-D of the Industries and Labour Department of Government of Goa, Daman and Diu, dated July 17, 1984, refusing to refer the dispute raised by the petitioner for adjudication under section 10(1)(d) r/w section 12(5) of the Industrial Disputes Act, 1947.

(2.) Having regard to the facts and circumstances of this case, the point for consideration is whether the said communication dated July 17, 1984, can stand scrutiny having regard to the law laid down by the Supreme Court in various decisions.

(3.) Shortly stated, the facts are that the petitioner was employed with the respondent No. 3 Bank as a Clerk as from 1st April, 1974. A charge-sheet dated 14th February, 1983, was served on the petitioner and that was in connection with some embezzlement of funds. An enquiry was conducted and as a result of what transpired in that enquiry, the petitioner was dismissed from service by an order dated November 30, 1983. The petitioner raised an Industrial Dispute before the Assistant Labour Commissioner by letter dated January 12, 1984, and as the parties in conciliation could not make any common ground, a failure report to the Government was submitted by the Assistant Labour Commissioner on April 10, 1983. By the impugned communication dated July 17, 1984, the Under Secretary, Industries and Labour Department informed the petitioner thus :