S.S. Sudhalkar, J. - (1.) THIS order will dispose of Civil Writ petitions No. 6208, 6723 and 11381 of 1989 as the facts and question of law involved in these petitions are the same.
(2.) THESE writ petitions have been filed by the workman against the orders of the Commissioner and Secretary to Government, Haryana, Labour Court and Employment Department vide which it was ordered that the Government has not found it appropriate to refer the dispute for adjudication because the criminal cases are pending against the petitioner. Counsel for the petitioner has relied on the case of Anil Kumar v. State of Haryana etc., 2000(3) SCT 289 (P&H)(DB) : L.P.A. Nos. 294, 295 of 1994. It has been held by a Division Bench of this Court therein that the pendency of the criminal case cannot be a bar for the State Government to refer the dispute raised by the appellants, for adjudication.
(3.) COUNSEL for the respondent No. 2 relied on the judgment of the Supreme Court in the case of J. Jaishankar v. The Government of India and another, reported in Judgments Today 1996(7) Supreme Court 483. In that case for workman was dismissed from service for conviction for the offence section 505 of the Indian Penal Code. The Supreme Court held in that case that the order of the Division Bench modifying dismissal in discharge with gratuity payment is due to concession by respondent and does not warrant interference.;