- (1.) Instant writ petition has been filed by the petitioner-workman assailing the order of the appropriate Government dated 16.12.2002 whereby the industrial dispute raised by the petitioner-workman has been declined to be referred for adjudication before the Tribunal on the premise that there was a prima-facie material on record that the petitioner-workman did not participate in the enquiry proceedings conducted providing him opportunity of making submissions in the matter. The petitioner-workman, as alleged in the petition, was engaged on 1.7.1983 on the post of Munshi. He proceeded on leave from 11.9.2001 to 13.9.2001 and thereafter he sent leave extension applications but verbally it was informed that he has been retrenched from service.
(2.) However, on application being filed by him before the Conciliation Officer, the respondents filed their reply in which same plea, as taken here before the Court in the reply to the writ petition, had been taken and it was averred that after holding enquiry the petitioner was found guilty and punished with the penalty of removal from service. The enquiry proceedings have also been placed on record by the respondents to justify that after holding disciplinary action, the petitioner has been removed from service.
(3.) After the failure report was submitted by the Conciliation Officer, the appropriate Government after examining the record of Conciliation Officer, declined to make reference in exercise of powers under section 12(5) of the industrial Disputes Act, 1947 vide order dated 16.12.2002 and observed that the workman did not participating in the enquiry proceedings conducted to give him an opportunity of hearing his submissions in the matter.;