DADBHAI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question involved in this writ petition is whether the appropriate Government while considering the application filed by the Petitioner for making reference under Section 10(1) of the Industrial Disputes Act, 1947 and Rule 2(9) of the Rules could have entered into the merits of the case while refusing to refer the dispute for adjudication.

(2.) THE factual matrix leading to filing of the application by the Petitioner before the appropriate Government - Respondent No. 1 lies in narrow compass. Petitioner was appointed as Mining Mate on 1 -1 -1991. The Petitioner claims that he was working on regular basis and not as an apprentice. The fact is disputed by the Respondents. Charge -sheet was issued to the Petitioner on 24 -9 -1996 regarding an incident dated 27/28 August, 1996.

(3.) THE case of Respondent No. 2 as mentioned in the return as that the Petitioner's work during the period of his apprenticeship was not satisfactory hence, he was charge sheeted and was removed in accordance with law as per the standing orders contained in Annexure R/3. Various other grounds are also taken to dispute the claim of the Petitioner.