PRATAP CHANDRA MOHANTY Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) THE petitioner was serving as an electrician under M/s. Bisra Lime Stone Company Limited at Biramitrapur in the district of Sundergarh. In the year 1966 he was proceeded against for misconduct and was dismissed by order dated 26-8-66 by the employers after due enquiry. The Gangpur Labour Union espoused the cause of petitioner and wanted to raise a dispute before the Assistant Labour Commissioner (Central), Jharsuguda, (opposite party No. 2 ). The opposite party No. 2 called upon the employers for furnishing their comments against the alleged wrongful dismissal and posted the matter to 5th November, 1966 for joint discussion. As there was no formal conciliation proceeding taken by the opposite party No. 2, the petitioner raised this dispute afresh through the Rourkela "majdur Sabha which union was then in existence. The opposite party No. 2 communicated to the petitioner on 19-7-67 his decision declining to take any proceedings under Section 12 (4) of the Industrial Disputes Act (hereinafter referred to as the Act ). Thereupon the petitioner moved the opposite party No. 2 to entertain the dispute under Section 2-A of the Act and the opposite party No. 2 posted the matter to 9-11-67 for a joint discussion. The management did not participate in the proceeding but raised objection to the maintainability of the proceeding. On 29-11-67 the opposite party No. 2 dropped the matter and informed the petitioner.

(2.) BY this writ application under Article 226 of the Constitution, the petitioner has asked for the issue of a writ of certiorari quashing the order of the opposite party No. 2 dated 29-11-67 and for a direction to him to initiate a regular proceeding for conciliation as contemplated under the Industrial Disputes Act.

(3.) THE opposite party No. 2 has entered appearance but has not filed any counter-affidavit. The employer applied for intervention and by our order dated 8-4-71 we allowed the employer to be impleaded as opposite party No. 3.