JAIPUR POLYSPIN LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties at length and also perused the relevant documents placed on the record as well as the impugned order dated 25.4.94 (Annexure -1) which has been assailed by the petitioner in the present writ petition.

(2.) THE grievance of the petitioner is that pursuant to the adjudication of the dispute by the appropriate Government the management of the petitioner -Company had given the compensation in terms of the order passed by the Workmen's Claims Commissioner to respondent No. 2 workman and thereafter a dispute was raised by the said workman for his re -instatement in services of the petitioner company. The matter was referred to the Conciliation Officer by the appropriate authority and on account of the failure of the conciliation proceedings before the Conciliation Officer, the State Government declined reference of the dispute to the Labour Court for the reason that the Workman had no justification to raise the dispute for adjudication on the ground of undue latches in view of in -ordinate delay of seven years since his claim had already been heard and decided vide the order dated 29.1.1988. Keeping in view the facts and circumstances of the case the reference of the dispute to the Labour Court was declined by the State Government in terms of the said Order under Section 12(5) of the Industrial Disputes Act, 1947 for short 'the Act, 1947'. Thereafter a fresh Order was passed by the State Government on 25.4.1994 vide Annexure -1 referring the aforesaid dispute to the Labour Courts for adjudication in accordance with the law.

(3.) DURING the course of hearing learned Counsel for the petitioner has further contended at the bar that the alleged dispute does not come within the scope and ambit of the Act, 1947, which should have been referred by the State Government to the Labour Court for it's own adjudication vide the impugned order as referred to above.