BALRAM Vs. STATE OF RAJATHAN

JUDGEMENT

(1.) The petitioner who was working with the respondent firm Luster Tiles Ltd. had raised an industrial dispute against his termination made w.e.f. October 31, 1992. He had challenged the enquiry held by the employer alleging, therein, that he was removed because of victimisation and unfair labour practice. The conciliation proceedings were held under the Industrial Disputes Act.

(2.) It was the case of the respondents that the petitioner was removed after the proved charges. The Conciliation officer had given his failure report on April 6,1994 (Annexure-1). On receipt of the failure report, the Government instead of referring the matter to the appropriate Labour Court had declined to refer to make a reference vide Annexure-2 on June 8, 1995. It has been mentioned in the impugned order that after going through the failure report of the Conciliation Officer and in view of the tripartite agreement, the employee has been punished and as such there is no basis for referring the matter. The case of the petitioner before the Conciliation Officer was that he was not allowed to work since October 19,1991 and agreement was reached between the union and the employer on December 12, 1991 to the effect that the employees will be taken back in service. The employer had failed to take the worker son service and, therefore, demand notice dated December 23,1991 was issued. It was also reported by the Conciliation Officer that the workman was charge-sheeted. The allegations were denied by the workman. The workman had challenged the enquiry proceedings. The case of the management was that as per agreement dated December 12, 1991, the management was entitled to initiate proceedings of indiscipline against the union members and other workers and, therefore, after issuing the charge-sheet and finding no co-operation from the workman, his services were terminated.

(3.) It is settled law that the termination of service is industrial dispute as defined under Section 2-A of the Industrial Disputes Act. The State Government cannot decide the industrial dispute on merits or on facts and the matter is to be adjudicated by the Industrial Labour Tribunal.