LAXMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the impugned order. Annex. 3, dated 13.4.94. According to the petitioner. He had worked with the Department for 5 years i.e. from 1.1.86 to 1.4.91. His services were terminated as per the petitioner in violation of the mandatory provisions of the Industrial Disputes Act. A demand was raised on the respondents and the Labour Authorities were moved for referring the matter to the appropriate Labour Court. The Conciliation Officer acting under Section 12 of the Industrial Disputes Act (in short the Act hereinafter) had sent the failure report. On receipt of the failure report, the Government had passed the impugned order to the fact that it has been found by the Conciliation Officer that the petitioner has not completed 240 days of service. Therefore, no dispute exists between the parties. This order has been challenged by the petitioner.

(2.) THE respondents had filed the reply and has tried to support the order on the ground that in case the petitioner has not completed 240 days of service, as has been found by the Conciliation Officer. There is no existence of the dispute at all. The contention of the respondents is to be straight away rejected on the ground that Section 2A of the Act defines the Industrial dispute as termination, retrenchment and discharge. Admittedly, the services of the petitioner was terminated and has case falls under the term of Industrial dispute. The petitioner had alleged that he has worked for more than 5 years. The Conciliation Officer had given the report, on the record produced by the respondents to the effect that the petitioner had not worked 240 days preceding the 12 months from the. date of termination.

(3.) EVEN if a demand notice is given at a belated stage, it has been repeatedly held by the Courts that the reference cannot be declined on the ground of delay only because in that situation. If any relief is to be curtailed that is also the jurisdiction of the Tribunals constituted under the Act.