CHANDER PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed Accounts Clerk in Halwasiya Bal Mandir, an educational institution, on September 9, 1982. In May, 1992 he was transferred to Halwasiya Vidya Vihar Senior Secondary School respondent No.2. On July 7, 1992, the petitioner was served with a charge sheet. He submitted his reply. After an enquiry he was dismissed by order dated May 6, 1993. He served a notice of demand dated May 19, 1993, seeking reference of the industrial disputes to the Labour Court. By order Annexure P-3 the appropriate Government while declining to make the reference stated that it had been found that the petitioner had been transferred by the Management and he failed to take charge at the new place of posting, which was followed by an order of termination which was in accordance with law. The petitioner has assailed the order declining reference in this writ petition.

(2.) The contention of Mr. Mani Ram, learned counsel for the petitioner, is that the function of the appropriate Government under section 10(1) of the Industrial Disputes Act, 1947, is an administrative one and neither judicial nor quasi judicial. All that the appropriate government is required to see is that an industrial dispute either exists or is apprehended. It has further been contended that it is not open to the appropriate Government to devolve into merits of the case and once it is of the opinion that there does exist an industrial dispute and the claim put forward is not a frivolous one, the matter has to be referred to the Labour Court. He has relied on the following authorities in support of his above contentions :-

(3.) The contention of Ms. Vanita Sapra, learned counsel for respondent No.2 on the other hand, is that all claims for reference have not to be mechanically forwarded by the appropriate Government and it is open to the appropriate Government to see whether a prima facie case has been made out. Reliance has been placed on a Division Bench judgment of this Court in Mehar Singh vs. State of Haryana and another, 1994 2 LLJ 250. She has also relied on the basic authority of the Supreme Court in Bombay Union of Journalists vs. State of Bombay, 1964 AIR(SC) 1617, as well as Prem Kakar vs. State of Haryana and another, 1976 AIR(SC) 1474.