ST. XAVIERS SCHOOL Vs. KUNJAL KUMAR

JUDGEMENT

(1.) Aggrieved by order dated 04.03.2014 whereby, the application questioning the jurisdiction of the Labour Court to adjudicate the dispute has been rejected, the present writ petition has been filed.

(2.) Briefly stated, the respondent was employed as Lab Assistant. A charge memo was issued to the respondent on 04.10.2008 on the allegation of habitual unauthorized absentism and other misconduct. After conducting a domestic enquiry, the respondent was dismissed from service on 30.08.2011. The dispute raised by the respondent culminated into Reference Case No. 03 of 2012. The petitioner came to this Court in W.P.(L) No. 225 of 2013 which was disposed of on the undertaking of the respondent to withdraw Reference Case No. 03 of 2012 however, with liberty to the respondent to agitate his grievance in a duly constituted proceeding before the Labour Court. The workman thereafter, filed a fresh application under Sec. 2 A of the Industrial Disputes Act, 1947 which was registered as Reference Case No. 08 of 2013. The petitioner filed an application dated 28.11.2013 questioning the maintainability of the Reference Case before the Labour Court.

(3.) Heard the learned counsel for the petitioner and perused the documents on record.