PRATAP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the appellants.

(2.) THE learned single Judge dismissed the S. B. Civil Writtion No. 17/1997 filed by the appellants on the ground that the disputed questions of fact arise for consideration. In the view he took, the learned Judge stated that the appellants may approach the Government to make reference under Section 10 of the Industrial Disputes Act, 1947 preferably within a period of three months, without resorting to the proceedings of conciliation. This order was passed in the presence of the respondent State Government being one of the respondents.

(3.) THE learned counsel for the appellants strongly contended that in the light of the decision of the Apex Court in the case of Bhagwan Dass v. State of Haryana AIR 1987 SC 2049 : 1987 (4) SCC 634 single Judge ought to have granted the relief sought for by the appellants in the writ petition. According to the learned counsel, disputed questions of facts do not arise as the case is covered by the same Central Scheme.