MAHADEO GORAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onward. They have no complaint in respect to the audio and video clarity and quality.

(2.) The petitioner has approached this Court for quashing of the order dtd. 8/5/2012, passed by Under Secretary, Ministry of Labour, Government of India, whereby and whereunder, the Industrial Disputes regarding dismissal of petitioner from service has been denied to be referred for adjudication in exercise of jurisdiction under Sec. 12(5) of the Industrial Disputes Act.

(3.) The facts of the case in short is that petitioner was a displaced person and as such he joined his service on 6/2/2000 to the post of Khalasi, having his Employee No. 764705. The said post of Khalasi is reserved for displaced persons. Due to his severe illness, petitioner was under treatment and could not attend his duties. However, without considering aforesaid fact, respondent no. 3, by issuance of an ex-parte order no. Pers/ ESH/ Plaint/ 2002 1292, dtd. 27/6/2002, dismissed the petitioner from the service. Being aggrieved, petitioner raised an Industrial Dispute through the Labour Union i.e. Rashtriya Ispat Mazdoor Sangh and a case vide 2(18) 2011/ E-1 was registered and notice was issued to the respondent no. 3 under Sec. 22(1)(d) and 22(2)(d) and Sec. 33 of the Industrial Disputes Act. Thereafter, conciliation proceeding was initiated but the same could not reach to bring out settlement between the parties and the same ended in failure and as such, the failure report was sent to the appropriate authority for referring the dispute for adjudication in proper forum. Thereafter, the Under Secretary, Ministry of Labour, Government of India, issued a letter dtd. 8/5/2012, whereby and whereunder the issue relating to limitation was decided and the dispute had been denied to be referred to appropriate forum for adjudication. Being aggrieved, petitioner has knocked door of this Court.