TRAMBOO CEMENT INDUSTRIES Vs. CONCILIATION OFFICER

JUDGEMENT

(1.) Respondent no. 2 was working as a Labourer in the petitioner-Industry. A dispute arose between respondent no. 2 and the management of the petitioner-Industry and, resultantly, a legal notice was sent to the Conciliation Officer under Industrial Disputes Act (Assistant Labour Commissioner) Srinagar. The said Authority took cognizance of the legal notice and issued summons to the petitioner-management. The Conciliation Officer of the concerned area was directed to submit the report after conducting the on spot inspection of the petitioner#s establishment. In the legal notice, it was stated that respondent no. 2 was working in the establishment of the petitioner situated at Khanmoh for the last eight years. It was also stated in the said notice that prior to this, respondent no. 2 was working in the establishment of the petitioner as a casual labourer right from the date the Factory was set up viz., in the year 1991. It was also stated in the notice that the petitioner-management had terminated the services of respondent no. 2 w.e.f. July, 2007 without any reason and lawful cause. The Conciliation Officer, vide his order dated 12th of January, 2009 issued following directions:

(2.) The petitioner, being aggrieved of the said order of the Conciliation Officer, has challenged the same in this writ petition.

(3.) On notice issued, respondent no. 2 appeared and filed objections.