LAWS(MPH)-2012-10-113

SHYAM LAL SAHU Vs. BHARAT PRESS PVT. LTD.

Decided On October 09, 2012
SHYAM LAL SAHU Appellant
V/S
BHARAT PRESS PVT. LTD. Respondents

JUDGEMENT

(1.) EVEN though records indicate that notices have been sent by registered post acknowledgment due and the service has been effected on the respondents, but still none is appearing for the respondent.

(2.) CHALLENGING the award dated 11/03/10 Annexure P-1 passed by the Presiding Officer, Labour Court, Jabalpur rejecting a reference made with regard to termination of the petitioner, this writ petition has been filed by the petitioner.

(3.) ON the ground that transfer is not a condition of service and he cannot be transferred, petitioner filed an application before the Labour Court under the provisions of M. P. Industrial Relations Act and the case was registered as 50/2002/MPIR Act. Initially, an interim order of stay was granted by the Labour Court but the stay was vacated on 6/04/02 and it is the case of the petitioner that after the stay was vacated, he returned to Bhopal for joining. He was not permitted joining at Bhopal and, therefore, he came to Jabalpur and sought permission to join at Jabalpur. When this was not done, he brought these facts to the Labour Court. In the said proceedings, the respondent Management brought to the notice of the Labour Court that services of the petitioner have been terminated vide order dated 19/01/04. On this being informed, petitioner raised an industrial dispute before the appropriate Govt. Failing conciliation, matter was referred to the Labour Court, Jabalpur for adjudication under the Industrial Disputes Act, 1947 and the reference being in question has not been answered in favour of the petitioner, this writ petition has been filed.