GOURI SANKAR DHAR Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) PETITIONER calls in question legality of order passed by the Government of Orissa in the Labour and Employment Department, refusing to refer a purported dispute for adjudication by the appropriate adjudicating forum by impugned order dated December 8, 1995 (Annexure-6 ).

(2.) THE facts giving rise to the application essentially are as follows: Questioning correctness of the order of retrenchment as passed by the Bargarh Regional Co-operative Marketing Society Limited (in short, 'the Society'), petitioner moved the District Labour Officer-cum-Conciliation Officer, Bargarh. He took the stand that his retrenchment was not in accordance with law. A failure report was submitted by the Conciliation Officer. On consideration of the report, the State Government by the impugned order refused to make a reference. While exercising power under Section 12 (5) of the Industrial Disputes Act, 1947 (in short 'the Act') refusal was made on the following ground as contained in the impugned order. "on consideration of the abovementioned report and in exercise of the power conferred under Section 12 (5) of the I. D. Act, 1947, the State Government are satisfied that there exists no case for reference for adjudication since the management has followed all statutory provisions. "

(3.) ACCORDING to Ms. Sanju Panda, learned Counsel appearing for the petitioner, the Courts adopted by the State Government in refusing the reference is clearly contrary to law. The learned Counsel for State on the other hand submitted that the State Government is not required to act as a mere post office and to automatically or in a routine manner refer every question which is characterised as an industrial dispute.