- (1.) This Letters Patent Appeal is directed against the order of learned Single Judge whereby the State Government was directed to refer the dispute to the appropriate Industrial Tribunal.
(2.) The workman was dismissed on 19.1.1967. On 25th March, 1967, he raised an industrial dispute and sent a demand notice through Union regarding his illegal dismissal from service. However, when the workman approached the State Government to refer the matter to the Labour Court for adjudication, the same was declined vide order dated 6.5.1967, Annexure-C. The workman then filed representation which was also rejected vide order dated 20.6.1969, Annexure-G. The only ground given by the State Government for declining to make reference to the Labour Court, was that adequate opportunity was given and that adequate opportunity was given and that enquiry proceedings of the management revealed that principles of natural justice were observed. On the representation filed against the said order dated 6.5.1967, the State Government declined to reconsider on the ground that once it was rejected by the Government, it could not be re-opened. Learned Single Judge found that reference could not be declined on the said ground. That was a matter to be gone into by the Labour Court as to whether principles of natural justice were observed or not during the enquiry proceedings. Consequently, the State Government was directed to refer the matter to the appropriate Industrial Tribunal.
(3.) The main argument raised on behalf of the management appellant is that learned Single Judge could not direct the State Government to make reference. At the most, a direction could be given to reconsider the matter and pass an appropriate order. In support of his contention, reference was made to (1) State of Bombay (Now Maharashtra) v. K.P. Krishanan and others, 1960 AIR(SC) 1223 Prem Kakar v. State of Haryana and Anr., 1976 AIR(SC) 1474 Bombay Union of Journalists and others v. The State of Bombay and another, 1964 AIR(SC) 1617 and The State of Madras v. C.P. Sarathy and another, 1953 AIR(SC) 53 After hearing learned counsel, we find that no such direction could be given by learned Single Judge to the State Government for making the reference. At the most, the director could be given to reconsider the matter and pass an appropriate order. Consequently, the order of the learned Single Judge is modified to the extent that the State Government will reconsider the matter and pass an appropriate order within two months after the receipts of the order.;