BHIM SINGH Vs. HARYANA STATE

JUDGEMENT

(1.) After having heard the learned counsel for the parties, we are satisfied that order Annexure P-2 as also the order Annexure P-6 by which the Government has declined to make reference of the dispute raised by the petitioner in relation to the termination of his services, deserves to be quashed.

(2.) From the facts which have come on record it is revealed that the petitioner has served the employer for a period of almost 11 years before his services were brought to an end. While the petitioner contended that his services had been terminated without any inquiry and, therefore, the action of the employer was arbitrary, contrary to the principles of natural justice and amounted to unfair labour practice, the employer pleaded that the petitioner absented from duty and, therefore, he cannot claim reinstatement or any other relief.

(3.) Instead of making reference of the dispute which arose between the parties the Government passed order Annexure P-2 and refused the reference on the ground that on the enquiry made by the Government it has been observed that he himself left the service by absenting himself from duty.