RAVI S.DHAVAN - (1.) THE two petitioners, Messrs Ragish Rohatgi and Neeraj Kumar, were employed as Management Trainees with M/s. Swadeshi Polytex Limited, Kavi Nagar, Industrial Area, Ghaziabad. THEy were appointed on 1 November, 1993. THE appointment letters are appended as Annexure-2 to the petitions. THE contention is that at one stage, the management required them to sign their resignation letter on 24 February, 1994. It is submitted that this is coercion. Consequently, the petitioners submit, on record of the petitions, that they had filed reports with the Senior Superintendent of Police, Ghaziabad. THE reports lodged by the petitioners" with the police on 25 February, 1994 are appended as Annexure-3 to the petitions.
(2.) THE grievance of the petitioners is that their services have been terminated illegally and in violation of certified . Standing Orders of the Company. THE reliefs which they seek are that their letters' of resignation signed by them on 24 February, 1994, copies of which had not been supplied to the petitioners, be quashed and with further relief that there be a direction by a writ of mandamus to the employers to reinstate the petitioners as Management Trainees in the services of the Company. It is not disputed by learned counsel for the petitioners that the respondent, M/s. Swadeshi Polytex Limited, is an industry within the meaning of the Industrial Disputes Act, 1947 or the U. P. Industrial Disputes Act, 1947. The fact that the conditions of service of the workmen are governed by Standing Orders which had been framed under the Industrial Employment (Standing Orders) Act, 1946, at best, may imply that there are issues between the petitioners and the employer. Whatever the petitioners allege may be unfair labour practice. In these circumstances, if the petitioners have any grievance against their employer, they may raise an industrial dispute by first seeking conciliation before the Regional Conciliation Officer. Should the conciliation fail, they can request the State government to refer the matter of dispute for adjudication to a Labour Court or a Tribunal.
(3.) THUS, it is not possible for this Court to lend a writ in the issues between the petitioners and the employer, The petition is, thus, misconceived and is dismissed. Petition dismissed.;