H P STATE ELECTRICITY BOARD Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE present petition has been filed against Annexure P-1, dated 4-2-1988 whereby the appropriate Government had made reference under section 10 of the Industrial disputes Act, 1947 (hereinafter referred to as the "act") to the Presiding Officer Labour court-cum-Conciliation Officer, Industrial Tribunal for adjudication. The minimal facts necessary for the adjudication of this petition are that the respondent No. 1 has raised a demand notice to the Conciliation Officer of the Labour Department on 1-8-1996. The District employment Officer-cum-Conciliation Officer, nahan looked into the matter and tried to settle the dispute amicably, but the dispute could not be settled amicably. The District Employment officer-cum-Conciliation Officer sent the failure report under section 12 (4) of the Industrial Disputes Act, 1947 to Labour Commissioner, Himachal Pradesh. The Labour Commissioner after examining the matter had decided to refer the issue of dispute to the presiding Officer, Labour Court-cum-lndustrial tribunal, Himachal Pradesh for adjudication as under:-

(2.) THE first hearing before the Labour Court was 31-8-1998 and thereafter 2-11-1998, 28-12-1998, 3-4-1999, 11-6-1999, 7-9-1999, 29-10-1999, 27-12-1999, 7-4-2000, 26-6-2000, 6-9-2000, 8-11-2000, 19-2-2001, 19-6-2001, 18-7-2001, 26-9-2001 and thereafter on 27-2-2002.

(3.) THE petitioner-Board during the pendency of adjudication of the reference approached this Court seeking quashing of Annexure P1, dated 4-2-1998. This Court stayed the operation of Annexure P1 on 25-2-2002. The order dated 25-2-2002 was modified on 29-4-2002 to the effect that the proceedings before the Presiding Judge of the Labour Court inter se the parties shall continue, but final order shall not be passed by the Labour Court till further orders of this Court.