MANOHAR SINGH NEECH Vs. UNION OF INDIA

JUDGEMENT

(1.) An important point regarding the powers of the appropriate Government under Sections 10 and 12 of the Industrial Disputes Act (in short, the 'Act') after the incorporation of Section 11-A of the Act by Amendment Act 45 of 1971 with effect from 15-12-1971 arises for consideration in this writ application.

(2.) The petitioner was a workman under the 3rd respondent, M/s Indian Aluminium Company Ltd. He has challenged the correctness of the order issued by the State Government (Annexure-7) refusing to refer the industrial dispute relating to the termination of his service on the ground that he was dismissed from service after proper departmental enquiry. The impugned order of the Government reads as follow :

(3.) The petitioner was employed by the 3rd respondent in the year 1967 as a mechanic. In November, 1979, the petitioner was charge-sheeted with the following charges for violation of the Certified Standing Orders of the Company and placed under suspension from 6th February, 1979 :-