A SESHAGIRI RAO Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THIS petition is filed for the issue of a writ of mandamus declaring the action of the 1st respondent in refusing to refer the dispute raised by the petitioner to the Labour Court for adjudication as arbitrary, illegal and without jurisdiction, and to issue a consequential direction to the 1st respondent to refer the dispute to the Labour Court for adjudication.

(2.) THE impugned order reads as follows: ". . . . . . . . . . . . . . . The Government considers that the above dispute does not merit reference for adjudication since the punishment inflicted by the Management on the workmen was to ensure discipline in the industry. "

(3.) THE first respondent took the view that the punishment inflicted by the Management was to ensure discipline in the industry and if so, no reference is called for. It may however be noticed that the petitioner herein was inflicted with certain punishment, and to seek an adjudication whether the punishment so imposed by the Management was justified or not, the petitioner has a right to have the dispute referred to the Labour Court. The ground on which the respondent in this case refused to refer the matter for adjudication cannot be sustained.