AJAY GOSWAMI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition seeks quashing of order dated 7.12.2005, Annexure P-6 declining to refer dispute raised by the petitioner for adjudication.

(2.) Case of the petitioner is that he was working as a Clerk-cum-typist on daily-wage basis. He worked from 26.6.2001 to March, 2003 and thus, he completed 240 days. His services were terminated without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short, 'the Act'). The petitioner gave a demand notice, Annexure P-1 seeking his reinstatement with continuity of service and back wages. Notice was contested and the matter was thereafter considered by the "appropriate government". The Government took the view that termination of services of the petitioner being as per terms and conditions of service, case was covered by Exception (bb) to Section 2(oo) of the Act.

(3.) Contention raised in the petition is that the issue whether Exception (bb) to Section 2(oo) of the Act is attracted, is a matter which will have to be adjudicated upon and cold not be decided while considering the issue of making a reference.