KAUSHAL CHANDEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by petitioner Kaushal Chandel inter -alia with the prayer that the impugned order dated 3/8/2009 (Ann.6) passed by the Ministry of Labour, Government of India by which, it denied to send reference of the industrial dispute to the labour court, be quashed and set -aside.

(2.) FACTS to the present petition in brief are that petitioner was initially appointed on the post of Executive Operation on 25/6/2007 under the employment of M/s. Overnight Express Ltd., New Delhi. He was declared permanent on the said post w.e.f. 1/12/2007 vide order dated 21/1/2008. His services were terminated vide order dated 25/8/2008. Petitioner submitted his claim before the conciliation officer on 14/10/12008. The employer submitted reply to the application on 17/12/2008 denying the claim of petitioner for sending his reference to the labour court with the prayer that said application for conciliation should be rejected. The Ministry of Labour, Government of India ultimately vide communication dated 3/8/2009 (Ann.6) to Chief Development Officer, M/s. Overnight Express Ltd., New Delhi and petitioner, refused to refer the industrial dispute of petitioner to the labour court on the premise that petitioner did not join the transferred place and thereby failed to report for duty and hence voluntarily reversed himself from service. Hence, this writ petition.

(3.) SHRI S.S. Raghaw, learned Additional Solicitor General appearing for Union of India has argued that decision of the Ministry of Labour, Government of India in refusing to make reference to the labour court is perfectly justified in the light of the fact that petitioner was transferred but he instead of joining the transferred place, remained absent from duty on his own and did not report back on duty, therefore, his services were terminated on 25/8/2008. Since petitioner remained willfully absent from duty and did not report back, it is deemed that he himself left his job on his own and hence the decision of the Ministry of Labour dated 3/8/2009 (Ann.6) refusing to make reference to the labour court on this premise is perfectly just and in accordance with law.