RAJPAL SINGH SOLANKI Vs. PRESIDING OFFICER
LAWS(UTN)-2012-12-57
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on December 07,2012

Rajpal Singh Solanki Appellant
VERSUS
PRESIDING OFFICER Respondents

JUDGEMENT

- (1.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned award dated 8.4.2010, which was published on 28.7.2010 (Annexure-8 to the writ petition).
(2.) Briefly stated facts of the case, giving rise to this writ petition are, that on 25.4.2005 the Additional/Deputy Labour Commissioner made a reference under Section 4K of U.P. Industrial Disputes Act, 1947 (for short, the Act) for adjudicating the dispute between the petitioner and respondent Nos. 2 and 3. Said dispute was registered as Adjudication Case No. 120/2005 Executive Officer Col. Brown Cambridge School vs. Rajpal Singh Solanki and notices were issued, to the parties on 21.12.2005 by the Labour Court, Dehradun. The parties filed their written statements and thereafter the petitioner also filed rejoinder affidavit. In support of their claim, the parties also adduced evidence.
(3.) It is significant to mention here that on 24.2.2010, the respondent Nos. 2 and 3 filed an application raising the dispute regarding jurisdiction of the Labour Court on the ground that on 5.7.2005 a notification was issued by the State Government whereby the Educational Tribunal has been established in each district and the District Judge in each district has been empowered to hear the dispute regarding the service matter of the employees working in the schools which are not getting any financial aid from the State Government. The petitioner filed objection against the said application and categorically stated that the Labour Court has jurisdiction to adjudicate the case referred by the State Government u/s. 4K of the Act. Vide impugned award dated 8.4.2010, the Labour Court allowed the application of the respondent Nos. 2 and 3 and in view of notification dated 5.7.2005 held that the Labour Court has no jurisdiction to decide the dispute between the petitioner and respondent Nos. 2 and 3.;


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