WADSON MASIHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE only question which arises for consideration in the writ petition is whether refusal to refer the dispute to the Labour Court by the appropriate Government on the ground that the dispute has been raised belatedly without justifiable reasons, was justified.

(2.) THE petitioner was appointed as casual labourer on monthly basis. He worked from 9-5-82 till 13-3-89. Petitioner submits that he acquired temporary status and was terminated arbitrarily w. e. f. 14-3-89. The petitioner approached the respondents but no heed was paid to his representations. Thereafter conciliation was tried by Assistant Labour Commissioner, Jabal-pur. Application was filed on 26-11-96. Condonation application was filed. On failure of conciliation the mailer was referred to Labour Ministry, Order was not passed by the Ministry of Labour. Petitioner filed Writ Petition No. 4937/97 which was decided on 5-12-97. The writ petition was disposed of with a direction to respondents to consider the failure report dated 20-3-97 and communicate decision on the same to the petitioner in the matter of referring industrial dispute of his discontinuance in service within an outer limit of three months from the date of order. Thereafter, order was passed on 8-1-98 Annexure P-8 refusing to make the reference on the ground that "dispute has been raised belatedly without justifiable reasons".

(3.) RESPONDENTS in the return submit that the Casual Labour Card No. 54970 appears not to be a genuine document. In para 2 of the return details have been given that the petitioner worked from 17-6-86 to 31-10-86. On the face of this entry, the entry on card that he worked from 25-11-84 to 23-12-87 continuously appears to be false. Stand taken is that casual labour service card contains various entries which are contradictory and false on its face. Petitioner had not completed 120 days of continuous services.