SONI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THOUGH the facts are quite different, but a simple common question of law arises for determination in these two writ petitions, and therefore, notwithstanding that facts are different, I am deciding both these writ petitions by a common order.

(2.) THE order Annexure-2, dated February 3, 1983 in Writ Petition No. 1533/83 and the order (Ex. 8) dated March 1, 1985 in Writ Petition No. 1112/85 have been passed by the Government in Labour Department in exercise of its powers ; under Section 12 (5) of the Industrial Disputes Act, 1947 (for short the Act of 1947 ).

(3.) IN both these cases, the petitioners were employees of the Rajasthan State Road Transport Corporation. Both were charge-sheeted. Domestic enquiries were held and, on the basis of the evaluation of evidence made by the employer, namely, Rajasthan State Road Transport Corporation, orders were passed for their removal from service. In both the cases, workmen challenged the action of the management of the Corporation in imposing punishment of removal from service. On the basis of the demand raised by the employees, the conciliation proceedings were held. The usual result of conciliation proceedings was a failure report. While the petitioners insisted for their reinstatement in service, the management of the respondent Corporation took the stand that once the employees have been removed from service after holding regular domestic enquiry, there was no justification for their reinstatement in service. Now the stage was reached where the State Government in the Labour Department was required to apply its mind to the facts of the case and, after considering all the provisions of law, to take a decision, as to whether a reference be made to the competent Labour Court/industrial Tribunal for adjudication of the dispute relating to the termination of the services of the workmen.