JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jagtar Singh petitioner herein through present petition filed by him under Article 226 of the Constitution of India seeks issuance of writ in the nature of mandamus directing the State of Punjab through Labour Commissioner, Punjab, Chandigarh, first respondent herein to refer the industrial dispute with regard to termination of his services for adjudication by the concern Labour Court. For seeking the writ in the nature, as referred to above, inasmuch as it is essential to challenge order, Annexure P-4, declining reference, same has also been questioned. Order, Annexure P-4 declining reference reads thus :-

(2.) It is pertinent to mention here that despite the fact that notice of motion was issued way back on 16.5.1983, no reply has been filed till date. Order dated 3.8.1983 would reveal that none appeared on behalf of the respondents 1 and 2 despite service.

(3.) Mr. Sharma, learned Addl. AG, Punjab, who appears on behalf of respondent No. 1 today, is unable to controvert the contention raised by learned counsel for the petitioner that the Government cannot act a judge and deal with the merits of the case while dealing with the reference sought by the workman for determination of lis by the appropriate forum, be it Labour Court or the Industrial Tribunal. The decision on merits is always in the exclusive domain of the concerned Labour Court or the Industrial Tribunal, as the case may be. Reference in this regard may be made to judgment of the Hon'ble Supreme Court in Bombay Union of Journalists and ors. v. The State of Bombay and another, 1964 AIR(SC) 1617, which has since been followed in number of other cases till date.