D PRASAD BABU Vs. STATE OF A P

JUDGEMENT

(1.) What are the circumstances in which the Government can refuse to refer a dispute to a Labour Court under the Industrial Disputes Act ? What are the considerations which should weigh with the Government in referring or refusing to refer a dispute to the Labour Court? These are the questions which are raised in this writ appeal, which is directed against the decision of our learned brother Lakshmaiah, J., dismissing the appellant's WritPetition No. 420 of 1974.

(2.) The material facts are very few and are not in dispute. From the year 1967, the Appellant was a conductor in the service of the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation). In December, 1971 certain charges were framed against him and a memo, to that effect -was issued by the District Manager, Kurnool. An enquiry was conducted into the charges by the Chief Inspector who found that all these charges were established and, consequently, recommended the removal of the appellant. A second notice dated 25th May, 1972 was issued calling upon the appellant to show cause why he should not be removed. On receiving his explanation, the appropriate authority passed the order of removal on 16th of June, 1972. The appellant preferred an appeal to the Divisional Controller, who dismissed the appeal. Then the appellant took the matter to the District Labour Officer under section 12 of the Industrial Disputes Act. That Officer did not find a meeting ground between the management of the Corporation and the appellant and, therefore, his attempt at conciliation failed. He reported the matter to the Government under section 12 (5) of the Act. On a consideration of the report and the circumstances of the case, the Government refused to refer the matter to the Industrial Court. This order of refusal was passed on 30th November, 1973. The writ petition was filed challenging this order.

(3.) The only question argued before Lakshmaiah, J. and also urged before us by Sri S. Suryaprakasa Rao, is that the Government was bound to refer the matter to the Industrial Court and it failed in its duty to do so while refusing to refer the matter. In his submission, the reasons assigned by the Government for not referring the matter to the Industrial Court are irrelevant and insufficient and, consequently, the order is liable to be quashed and set aside.