HUKMI CHAND Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dated 19.9.2003 by which the State Government has refused to refer the dispute in regard to punishments imposed on the petitioner for adjudication mainly on the ground that the dispute has been raised by the workman in his individual capacity and further ground of delay has also been taken. A bare reading of the failure report submitted by the Conciliation Officer, would show that disputed fact was raised by the Regional Secretary, Rajasthan State Roadways Employees Union (AITUC), Ajmer before the Conciliation Officer on 2.8.2000 in regard to punishments of stoppage of grade increments imposed on the petitioner. In absence of any limitation prescribed under the Industrial Disputes Act, 1947 in such matters and the concerned workman has only to depend upon the consent of a trade Union, in my opinion, the reasons for non-reference are wholly unjustified and not tenable.

(2.) Since the dispute is yet to be decided by a competent court after taking evidence of both the parties, I find to justification to issue in notices in the present matter.

(3.) Accordingly, the writ petition is allowed. The impugned order dated 19.9.2003 is set aside. Respondent No. 1 is now directed to refer the dispute as raised on behalf of the petitioner through the Union, for adjudication to an appropriate Court/Tribunal within 30 days from the date of receipt of certified copy of this order.