PRABIR BHATTACHARYYA Vs. SPECIAL COMMISSIONER, LABOUR DEPARTMENT, HARYANA AND ANOTHER
LAWS(P&H)-2012-11-441
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 17,2012

PRABIR BHATTACHARYYA Appellant
VERSUS
SPECIAL COMMISSIONER, LABOUR DEPARTMENT, HARYANA AND ANOTHER Respondents

JUDGEMENT

- (1.) This Letters Patent Appeal has been filed by the appellant against the order dated 23.08.2012 passed by the learned Single Judge, whereby the writ petition (CWP No.16209 of 2012) filed by the appellant for setting aside the communication dated 1.7.2012 sent by the Government declining to refer the industrial dispute to the Labour Court, raised by the appellant, has been dismissed. The communication dated 1.7.2012 reads as under:- "You are being informed that the Govt. has not considered your case fit for reference for adjudication, since it is known through investigation that you have already filed your case u/s 2A of the Industrial Disputes Act, 1947 before the Labour Court, Circle-1, Gurgaon. So, your case cannot be referred again for adjudication to the Labour Court. For this reason your demand notice is being dismissed."
(2.) The learned Single Judge dismissed the writ petition of the appellant while observing that the appropriate Government has committed no illegality in declining to refer the industrial dispute to the Labour Court because the workman had already filed the claim petition before the Labour Court under Section 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').
(3.) After hearing the appellant, we do not find any merit in the instant appeal. It appears that the workman, who is appearing in person, is unnecessarily litigating the issue.;


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