RAMGOPAL PAREEK Vs. STATE

JUDGEMENT

(1.) Appellant filed S.B. Civil Writ Petition No. 2806/1983 before the learned single Judge of this Court, who vide order dated November 30, 1992, granted liberty to the appellant to raise a dispute regarding termination of the services under the Industrial Disputes Act, 1947 (for short the '1947 Act'). Appellant thereafter filed an industrial dispute before the conciliation officer, Sikar, on January 6, 1993, challenging his termination order on the ground of violation of Section 25-F of the 1947 Act. The complaint of the appellant was taken in conciliation talk by the conciliation officer but as no conciliation arrived between the parties, the conciliation officer sent his failure report to the Government on January 27, 1994. The State Government on November 22, 1994, issued an order informing the appellant that after exercising powers under Section 12(5) of the 1947 Act, the dispute of the appellant could not be referred for adjudication before the Labour Court. The appellant assailed the said order dated November 22, 1994, before the learned single Judge by filing a writ petition on August 29, 1995. The learned single Judge, vide its order dated March 3, 2000, dismissed the writ petition. Hence this Special Appeal.

(2.) Mr. A.K. Pareek, learned counsel appearing for the appellant canvassed that the State Government is only required to see whether dispute exists between the parties. Once a dispute exists, the Government has no jurisdiction to go into the merits of the dispute. Reliance has been placed on Chandi Ram and another v. Union of India and Another-1996 (3) WLC (Raj) 423.

(3.) Per contra, Mr. Hanuman Choudhary, learned counsel appearing for the respondents supports the impugned judgment of the learned single Judge.