MADAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only prayer in this writ petition is to quash the order dated November 26, 1991 passed by State of Haryana declining to refer the dispute about the alleged wrong dismissal from the service of petitioner to the Labour Court concerned. The impugned order, annexure P-2 reads as follows :-

(2.) A Division Bench of this Court in Civil Writ Petition No. 16018 of 1992 decided on November 23, 1992 with regard to similar matter wherein as well the services of petitioner were terminated on the same very grounds and a reference was also declined on the similar grounds, held that under Section 10.1 of the Industrial Disputes Act, 1947 the State Government is empowered to refer a dispute to a Court, if in its opinion, the matter is such which requires a reference. While considering this question, the State Government can not merely by saying that the petitioner has been found guilty of misconduct, refuse to refer the matter to the Labour Court. it can not prejudge the issue. The question was whether the petitioner has been dismissed in accordance with law, which was being sought to be referred.

(3.) Not only because the aforesaid judgement is rendered by the Division Bench but otherwise toot am in respectful agreement with the view expressed therein.