RAMDAS ATHWAL Vs. STATE OF OTHERS

JUDGEMENT

(1.) With the consent of parties, this writ petition is finally heard and decided at the stage of admission.

(2.) Instant petition has been filed seeking reference of the dispute which the petitioner has raised for its adjudication by the concerned Labour Court/Tribunal under the provisions of the Act of 1947.

(3.) Facts in brief are that the petitioner was working as fitter in the office of respondent No. 3 and his services were dispensed with by oral order w.e.f. 10th Aug., 1994 which was challenged by way of Writ Petition No. 4880/04, decided on 16th April, 1996 (Ex. 7) with the observation that in view of efficacious alternative remedy available to him under the Act of 1947, the writ petition is not maintainable. After the order of this court, the petitioner filed application before the conciliation officer, but the dispute raised by him was dismissed holding it to be without any merit on 5th Aug., 1998, copy of the same was not supplied to him. He further served a notice with the request to provide relevant proceedings of the order, but that also was not supplied. During pendency, the respondents have forwarded failure report to the appropriate Government and counsel has informed that vide communication dated 28th June, 2004 the petitioner has been informed that the appropriate authority has not taken any decision because of pendency of writ petition before this court.