PRAKASH ROADLINES LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against the judgment dated 22nd August, 2000 passed by the learned Single Judge in S. B. C. W. Petition No. 3417/2000, whereby he dismissed the writ petition of the petitioner-appellant in limine.

(2.) THE petitioner-appellant filed a writ petition before this Court with a prayer to quash and set aside the impugned Order dated 30. 3. 2000 (Annexure 7 with the writ petition) passed by respondent No. 1, whereby State Government made a reference to Labour Court, Udaipur Under Section 10 (1) of the Industrial Disputes Act, 1947 (in short the Act of 1947 hereinafter) for adjudication as to whether the termination of respondent No. 3 on 22. 8. 1997 by appellant was legal and justified. If not, then, for what relief the workman is entitled.

(3.) THE petitioner-appellant pleaded in the writ petition that respondent No. 3 filed a complaint before the Assistant Labour Commissioner, Udaipur requesting therein to initiate conciliation proceedings and also challenged the alleged termination Order. The respondent No. 3 was initially appointed and working as Area Sales Manager. The petitioner filed reply to the complaint before the Assistant Labour Commissioner, Udaipur. The Assistant Labour Commissioner initiated conciliation proceedings. However, no conciliation could be arrived at between the parties, hence he prepared the failure report and the same was sent to respondent No. 1 for taking appropriate action. It was also averred in the writ petition that the State Government vide its Order dated 4th December, 1999 declined to refer the aforesaid matter to the appropriate Labour Court for adjudication in accordance Section 12 (4) and (5) of the Act of 1947. Thereafter, there was no change of circumstances so as to pass impugned Order Annexure 7 dated 30th March, 2000, whereby reference was made to the Labour Court.