M.L. SINGHAL, J. - (1.) Through this writ petition filed under Article 226/227 of the Constitution of India, the petitioner has prayed for the issuance of writ in the nature of certiorari quashing orders Annexures P-l and P-3 whereby his demand for reference to the Labour Court under the Industrial Disputes Act (for short 'the Act') was declined.
(2.) Petitioner was in the service of the Pepsu Road Transport Corporation at Barnala Depot as Assistant Tyreman for the last 13 years when his services were terminated on 26/07/1985. His grievance was that his services, were terminated without inquiry, charge sheet or payment of compensation. After the service of the demand notice, the conciliation proceedings were initiated by the Labour-cum-Conciliation of Officer. Conciliation proceedings failed. After failure of the conciliation proceedings before the Labour-cum-Conciliation Officer, he submitted failure report to the Labour Commissioner, Punjab, Chandigarh. Petitioner submits that after the conciliation proceedings. had failed, Labour Commissioner should have referred the dispute to the Labour Court for determining whether the termination of his services was or was not in order. His services were terminated without any inquiry. Petitioner. has stated that it was not within the ambit of the Labour Commissioner to say that his services have been rightly terminated and there was thus no "industrial dispute" between him and the management. He submits that it was only within the ambit of the jurisdiction of the' Labour Court constituted under the Act to determine whether the termination of his services was or was not in order. Labour Commissioner's duty was only to see whether industrial dispute has or has not arisen between' the workman on the one hand and the management on the other.
(3.) Respondent-management contested this writ petition.;