SUDHIR KUMAR KALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition is filed to direct the Government of Punjab to refer the industrial dispute between the petitioner-workman and the management of the 3rd respondent namely M/s. Punjab Communications Limited to the Labour Court for adjudication.

(2.) According to the petitioner, he joined the 3rd respondent-Company as an Assistant Grade-II and though he was designated as Assistant Supervisor, Deputy Supervisor and Supervisor Grade-II, his duties are only of clerical nature such as the maintenance of registers, upkeep of the record and the files. It is further case of the petitioner that he was charge-sheeted on 9.11.1991 under the Model Standing Orders and after some inquiry his services were terminated on 23.10.1992. Thereafter he approached the Government of Punjab to refer the dispute between his and the management of the 3rd respondent to the Labour Court for adjudication. His request to make a reference to the Labour Court for adjudication has been declined by an order of the Government dated 1L1.1993 vide Annexure P-1 on the ground that the petitioner is not a workman within the meaning of Section 2(s) of the Industrial Tribunal Act, 1947 (hereinafter referred to as the Act') and also on the ground that his services were terminated after holding an inquiry.

(3.) In view of the refusal on the part of the State Government to refer the dispute to the Tribunal/Labour Court, the petitioner approached this Court by way of this writ petition.