RAJESHWAR PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for quashing the letter no.L-20012/16/2022-IR(CM-I), dtd. 23/3/2022 (Annexure-8 to the present writ petition), whereby the respondent no.1 has erroneously declined to refer the dispute for adjudication to the Central Government Industrial Tribunal No.1, Dhanbad. Further prayer has been made for issuance of direction upon the respondent no.1 to refer the dispute with respect to regularisation of services of the petitioner to the Central Government Industrial Tribunal No.1, Dhanbad within specified period.

(2.) Heard learned counsel for the parties and perused the materials available on record.

(3.) It appears that the petitioner-Ex-Havildar having Personnel No.212113 was appointed on 7 th June, 1979 in the service of the respondent no.4. Charge-sheet dtd. 2/3/2010 under Clause 19(6) of the Company's (i.e. respondent no.4) Certified Standing Orders was issued to him for negligence of duty. The petitioner participated in the inquiry, which culminated in his dismissal from service of the respondent no.4 w.e.f. 8/5/2010. However, on the request of a recognized union i.e. Rashtriya Colliery Mazdoor Sangh, the management of respondent no.4 took a decision to reinstate the petitioner on the substantive post of Havildar, Security w.e.f. 6/8/2011 without paying back-wages. Thereafter, he was re-employed after granting continuity of service w.e.f. his initial date of appointment i.e. 7 th June, 1979 and finally superannuated w.e.f. 30/4/2016 after getting one year extension of service beyond 60 years of age. The petitioner, however, being aggrieved with the action of management of the respondent no.4 with respect to his reinstatement in service without back-wages, filed I.D. Case No.5 of 2018 before the Central Government Industrial Tribunal No.1, Dhanbad invoking Sec. 2A of the Industrial Disputes Act, 1947 (hereinafter be referred as the Act, 1947) which was dismissed as withdrawn vide order dtd. 8/5/2019.