KODANDA MEHER Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE controversy in the present writ petition lies in a very narrow compass. A dispute was raised by the Petitioner against opposite party No. 3 alleging illegal termination. Failure report was submitted by the Conciliation Officer -cum -District Labor Officer, Bargarh. On consideration of the said report, the State Government refused to refer the dispute for adjudication being satisfied that there existed no case for reference. The basis for such conclusion was that the workman had admitted the fact of misappropriation and failed to substantiate his claim. It is further stated in the impugned, order that legal remedies are available under Section 33C of the Industrial Disputes Act, 1947 (in short the 'Act') for payment of arrear dues.

(3.) AS observed by the Apex Court in the case of Goa Sampling Employees Association v. General Superintendence Company of India Pvt. Ltd. A.I. Rule, 1985 S.C. 357 while conceding a very limited jurisdiction of the State Government to examine patent frivolousness of demand, it is to be understood as a rule that adjudication of demand by workman should be left to be decided by the Tribunal. In this context also the provision of Section 2A of the Act has to be taken note of.