ROOP LAL SHARMA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THIS petition has been filed by workman challenging the order dated 22.9.1999, Annexure P/5, passed by the Secretary, Labour, Chandigarh Administration, vide which he had declined to make a reference of the industrial dispute raised by the petitioner.

(2.) THE petitioner contends that he was the employed of respondents No. 2 and that his services were terminated. In Annexure P/5, it has been observed that the perusal of the record revealed that the Management was ready to take back the petitioner in service and also made offer of retrenchment compensation but the petitioner declined the said offer. It is further observed that in view of these facts, it seems that the petitioner is not interested to join his duty. This was the reason for declining to make a reference. Counsel for the petitioner has drawn my attention to the report of Conciliation Officer, which is at Annexure P/4. It is inter -alia mentioned in the report that the Management had not furnished any written comments but during the course of conciliation, the representative of the Management stated that the petitioner was actually an employee of M/s Bhushan Alloys and furthermore they have not terminated the services of the petitioner and that the Management is ready to pay retrenchment compensation for three years, if the petitioner so desires. These observations in the conciliation report show that the reason stated in the impugned order for not referring the matter to the Labour Court is not correcl. On the contrary, the Management has taken up a stand that the petitioner was employee of M/s Bhushan Alloys, i.e. of some other employer. Moreover, nothing has been stated in Annexure P/5 regarding back wages.

(3.) AS a result, this writ petition is allowed. The order of not referring the industrial dispute to the Labour Court is set -aside and the case is ordered to be remanded to respondent No. 1 for taking action in accordance with law. The decision be taken within a period of one month from receipt of certified copy from this Court or production of certified copy by the petitioner, whichever is earlier.