ALI SALAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner, an employee of Housing Board, Haryana, has filed this writ petition to impugn the order dated 6.2.2009, whereby the Government has declined to make reference of the industrial dispute to the Labour Court for adjudication.

(2.) The petitioner had joined the services of the Housing Board on 1.10.1995 on daily wages as Motor Mate. On 30.9.1996, the services of the petitioner were terminated. The petitioner claimed that he had completed 240 days service and his services were terminated without complying with the mandatory provisions of the Industrial Disputes Act.

(3.) The petitioner had remained quiet for considerably long period and sought reference of the dispute by serving a demand notice on 1.8.2005, nearly after a lapse of 9 years. He, however, alleged that his services were terminated in violation of Sec. 25-F, 25-G and 25-H of the Industrial Disputes Act. The respondent- Government has rejected this reference on 15.2.2006 on the ground that the demand was raised after 9 years of the termination. The petitioner thereafter seems to have again faulted. Instead of taking prompt proper action, the petitioner chose to file appeal against this order before respondent No. 1. In this appeal, the petitioner has mentioned that he had been making representation to respondent No. 2 from 1996 to Jan. 2005 but was not allowed to join duties and so had raised a demand notice on 1.8.2005. Having kept quiet for over two years, the petitioner again served a legal notice on 25.11.2008, which respondent No. 1 rejected on 6.2.2009. The petitioner has filed the present writ petition on 25.8.2009.