RAMRATAN PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioner seeks indulgence of this Court in the matter of refusal by Central Government to make reference of industrial dispute for adjudication before the Central Government-cum-Labour Court, Jabalpur. The communication of refusal to make reference under Section 10 of the Industrial Dispute Act dated 11.01.2007 is under challenge in this writ petition. The reason for refusal is purportedly is belated dispute of 22 years. The facts necessary for disposal of this petition are that, undisputedly petitioner served the Railway Institute as casual Labour in different spells from 20.04.1979 till 18.07.1984. Thereafter, for the reasons best known to the respondents/Railway Institute, petitioner's services were discontinued without notice to him and without compensation. Petitioner was running from pillar to post seeking continuity of his employment but to no avail.

(2.) Petitioner moved to the Assistant Labour Commissioner raising industrial dispute regarding discontinuation of his employment by the respondents. The dispute was ceases by the Regional Labour Commissioner, notices were issued to the respondents. After protracted discussion on various dates as reflected from the report, the conciliation proceedings ended in failure and ultimately the Regional Labour Commissioner, sent his failure report to the Secretary, Government of India, Ministry of Labour, New Delhi. The Central Government by the impugned communication refused to make reference, purportedly for the reason that the dispute is of belated period of 22 years.

(3.) Shri Namdeo, learned counsel appearing for the Central Government supported the impugned order.