SRI S.N. MISRA Vs. GOVERNMENT OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION (DEPARTMENT OF LABOUR AND EMPLOYMENT) AND ORS.

JUDGEMENT

(1.) THE Petitioner has asked for a writ of mandamus to direct the Government of India (Opposite party No. 1) to refer a dispute for adjudication of the Industrial Tribunal as provided under Section 12(5) of the Industrial Disputes Act of 1947 (hereafter called the "Act").

(2.) THE Petitioner was working as a Foreman -B in the Joda West Manganese miles at Bichakundi in Keonjhar district. On 7 -5 -1971, he was charged for derelictions of duty and a domestic enquiry was undertaken. On 18 -6 -1971, the Petitioner was ultimately dismissed from service on the finding of the domestic enquiry against him. The Petitioner approached the Labour Enforcement Officer (Central) and ultimately a conciliation proceeding was undertaken. On 10th of August, 1971, the conciliation officer submitted his failure report to the Government of India and on 15 -6 -1971, the opposite party No. 1 Government refused to make a reference by its order (Annexure -12). The said order is impugned in this proceeding and it is claimed that without justification a reference of the dispute for adjudication to the appropriate Tribunal has been withheld and, therefore, the opposite party No. 1 must be compelled by issue of a writ of a mandamus to refer the dispute.

(3.) In the impugned order (Annexure -12), the following reason has been provided for not referring the dispute: