KALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order dated July 27,1989, passed by the Special Secretary (Administration), Labour Department, Government of Rajasthan, Jaipur, by which the State Government refused to refer the dispute for adjudication to the Labour Court.

(2.) THE petitioner was working as the driver with the Rajasthan State Road Transport Corporation. A departmental enquiry was initiated against the petitioner for his misconduct relating to January 4, 1985, when he was found carrying five passengers and 180 Kilograms of luggage without ticket on bus No. 2058, when the bus entered at the Bus Stand, Mandna. He was, also, charge sheeted for an incident relating to February 13, 1985, when he was driving the bus No. 160 and when that bus reached at the Bus Stand,kaleda, thirty-five passengers were found without tickets. He was, also, charge-sheeted with respect to the incident dated January 24, 1985, with respect to bus No. 8412 when it reached at the Bus Stand, Muthli, seven passengers were found without tickets. THE Inquiry Officer submitted his report and in his report, he found the petitioner guilty only with respect to the charge dated January 4, 1985, with respect to bus No. 2058. THE Disciplinary Authority, after giving an opportunity of hearing to the petitioner, by its order dated September 23, 1985, held the petitioner guilty for the charge with respect to the incident dated January 4, 1985, and imposed the penalty of stoppage of one grade increment and the forfeiture of the balance of the subsistence allowance. Dissatisfied with the order dated September 23, 1985, passed by the Disciplinary Authority, the petitioner preferred an appeal before the General Manager (Traffic), who, by his order dated June 25,1986, dismissed the appeal filed by the petitioner. A dispute was raised on behalf of the petitioner through the R. S. R. T. C. Sanyukt Karamchari Federation before the Conciliation Officer, Labour Department, Rajasthan, Jaipur. THE Conciliation Officer submitted its failure report under Section 12 (4) of the Industrial Dispute Act, 1947 (hereinafter referred as 'the Act' ). THE State Govern-ment thereafter, after giving an opportunity of hearing to the Federation, as well as to the employer, by its order dated July 27, 1989, refused to refer the dispute for adjudication to the Labour Court as according to the Government, no industrial dispute existed and the penalty imposed in adequate. It is against this order, refusing to make a reference that the petitioner has preferred this writ petition.

(3.) IN this view of the matter,i do not find any merit in the writ petition and the same is hereby dismissed. .