BHANWARLAL PRAJAPAT Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition for writ, the petitioner seeks the reliefs of quashing of the communication dated 20.08.2004 (Annexure-5) whereby the Central Government has refused to refer the alleged dispute for adjudication; and directions against the respondent No. 2 for referring the dispute to the appropriate Labour Court for adjudication.

(2.) From the factual matrix presented in this case, it appears that the petitioner worked at Koliya (District Nagaur) Branch of the State Bank of Bikaner and Jaipur as "Lathi-man" (class-IV employee) for 80 days from 22.08.1978 to 09.11.1978; and then, the petitioner raised the so-called dispute somewhere in the year 2003 by making an application to the Conciliation Officer (Central), Jaipur (undated application placed on record as Annexure-1). The Bank concerned in response to the communication dated 05.12.2003 of the Assistant Labour Commissioner (Central) stated in its reply dated 10.01.2004 (Annexure-2) that the petitioner was placed on work for a fixed term for the regular staff being on leave and he worked for 80 days only; that according to the instructions of the Government of India, once a chance was given to all the temporary employees for employment in the Bank services in the year 1990 by advertisement in the newspapers but the petitioner did not avail of the opportunity; and that the dispute was raised after 25 years without any justification. The petitioner stated in his rejoinder dated 11.03.2004 (Annexure-3) that his services were illegally terminated after 80 days; and that he sent an application to the Bank for re-employment and despite repeated requests, his prayer was not considered.

(3.) The Conciliation Officer in his report dated 24.05.2004 (Annexure-4) stated to the Government the stand of the management that the claimant worked only for 80 days as a substitute against the vacant post for the regular staff being on leave and he was never appointed as regular employee or casual worker or daily rated worker. The Government by its impugned order dated 20.08.2004 (Annexure-5) has refused to refer the dispute for adjudication stating that,-