S.S. Sudhalkar, J. - (1.) (Oral - This petition is filed by the workman challenging the order of the Deputy Secretary, Labour Department, Government of Haryana (copy Annexure P.2) which is as under: "With reference to the above-mentioned subject, you are hereby informed that your case does not merit reference to Court for judicial adjudication because after inquiry it has been found that you are governed by Civil Service Rules. Apart from this, the management of the institution does not fall under the Industrial Disputes Act."
(2.) Counsel for the petitioner argued that the Deputy Secretary has no jurisdiction to decline making of reference on the ground stated in the order. The ground stated in the order may be raised before the Labour Court after the reference is made. However, the Deputy Secretary dealt into the jurisdiction of the Labour Court and, therefore, exceeded the limit of its own jurisdiction. The order Annexure P.2 is, therefore, deserves to be set aside.
(3.) As a result, this petition is allowed and the order Annexure P.2 dated 29th January, 1986 is set aside and the case is remanded to the concerned authority for taking decision in accordance with law within a period of one month from the date of receipt of a copy of this order from this Court or on production of a certified copy thereof by the petitioner, whichever is earlier. Petition allowed.;