PITAMBAR AMAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The writ petition has been filed for issuance of direction upon the opposite parties to act as per Section 12(5) of the Industrial Disputes Act, 1947 and to refer the existing industrial dispute for adjudication.

(2.) Fact of the case of the petitioner that he has joined on 5.10.1982 as Laboratory boy in the Orissa Industries Limited and thereafter was under probation for a period of six months, confirmed on 14.4.1985 and was drawing consolidated wage of Rs. 340/- per month in addition to dearness allowance and other perquisites. The petitioner was charge sheeted and suspended on 12.6.1986 subjected to disciplinary proceeding and thereafter terminated from service on 5.8.1986. Petitioner has raised industrial dispute before the deputy Labour Commissioner, Rourkela rejecting the conciliation proceeding but conciliation failed and failure report was submitted on 8.6.1988 but appropriate Government has not taken decision in view of the provisions as contained in Section 10(1) of the Industrial Disputes Act, 1947, hence this writ petition.

(3.) Counter affidavit has been filed by the opposite party No. 1 inter alia therein it has been stated that the writ petition is grossly delayed at least for about 10 years and as such same should not be opened which may create administrative inconvenience to the industry, opposite party No. 2 as such the writ petition may not be entertained. It has been stated that on the failure report submitted by the Conciliating Officer order has been passed by the appropriate Government on 24.12.1988 communicating to the petitioner that the dispute cannot be referred before the Labour Court.