LAKSHMI CEMENT LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner company aggrieved against the notification dated 9.5.2017 (Annex.12), whereby, the dispute between the petitioner company and respondent No.4 - workman has been referred to the Industrial Tribunal, Jodhpur.

(2.) It is inter alia indicated in the writ petition that the workman on account of administrative exigency was transferred from Sirohi to Jhajjar by order dated 6.8.2014. It is alleged that the workman by letter dated 9.8.2014 requested the management to allow him 15 days' time for the purpose of relocation and on the other hand lodged application dated 10.8.2014 with the conciliation officer and Assistant Labour Commissioner (Central) Ajmer, to which a detailed reply was filed, whereafter the dispute raised before the conciliation officer was withdrawn unconditionally as is evident from order dated 5.5.2015. However, the order of transfer was not complied with and a letter dated 29.11.2015 written by Local MLA, Pindwara to the Labour Minister, who instructed the conciliation officer to look into the matter, was submitted.

(3.) A detailed response was given by the petitioner company and the Local MLA also again issued a letter dated 10.1.2016 to the effect that the workman has been transferred properly and in accordance with law and that based on false fact he was persuaded to issue the letter dated 29.11.2015 and that no further proceedings are required to be taken, which communication was produced before the conciliation officer. However, the conciliation officer continued with the proceedings and the order dated 9.5.2017 (Annex.12) was issued by the State Government referring the dispute to the Industrial Tribunal.