KARAN SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the impugned order of refusal of reference dated 26.2.97 on the ground that as the respondent-employer has initiated enquiry against the. petitioner, therefore, as per Sec. 12(5) of the Industrial Disputes Act, 1947, reference can not be made.

(2.) Learned counsel for the petitioner submits that his services were terminated w.e.f. 12.3.95 and on 22.11.95 he made a complaint before the competent authority and during the proceedings pending before the conciliation officer, the respondent-employer after having knowledge of the conciliation proceedings, have initiated enquiry against the petitioner and issued charge-sheet on 9.6.96.

(3.) The submission of the petitioner is that this enquiry was only initiated to deprive the petitioner from getting the benefit under the provisions of law and to frustrate the purpose of filing the complaint and making reference and it is apparently proved that on the ground of initiation of enquiry, the authority concerned has refused to make reference to adjudicate the dispute.