BHOLANATH MAJHI Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) THE sole point that arises for consideration in this writ application is whether State Government was justified in refusing to refer a dispute for adjudication by the Industrial Tribunal on the ground that petitioner lacked requisite qualification for being entitled to promotion and therefore no industrial dispute existed. Action was taken in purported exercise of powers under Section 12 (5) of the Industrial Disputes Act, 1947 (in short the 'act' ).

(2.) PETITIONER lodged a grievance that though he was entitled to be promoted, the Executive Engineer, Jeypore Electrical Division, Jeypore (opp. party No. 2) illegally kept him out of zone of consideration. The Concilition Officer-cum-Asst. Labour Officer, Jeypore submitted a failure report under Section 12 (4) of the Act. On consideration of the same, State in Labour and Employment Department, by the impugned office memorandum dated January 12, 1995 (Annexure-2) refused to refer the matter for adjudication on the ground that no industrial dispute existed, since petitioner failed to pass in trade test which was required for promotional post.

(3.) ACCORDING to Mr. R. K. Bose, learned counsel for petitioner that State Government failed to exercise its jurisdiction conferred in law by prejudging the issue. The conclusions were not factually correct. Learned counsel for opp. party No. 2 submitted that State Government is not bound to make a reference and can weed out frivolous claims and disputes given colour of industrial dispute, and on being satisfied that dispute raised is not industrial dispute, can refuse to make a reference.