- (1.) Heard learned counsel for the parties.
(2.) This intra court appeal is directed against order dated 1st February, 2005 passed by Single Bench, whereby writ petition, filed by respondent No.1/workman, was allowed and respondent No.2, State of Rajasthan was directed to refer the dispute in regard to termination of services of workman for adjudication to a competent court.
(3.) The workman/petitioner filed a writ petition before Single Bench contending therein that he was appointed on the post of Room Boy on 6.9.1991, a Union was formed in respondent-hotel, petitioner was elected as Vice President of the said Union. The management of the respondent No.2, Hotel annoyed and in an attempt to frustrate the spirit of the workers, the management threatened the petitioner of dire consequences. It was further submitted that on 24.2.1995, he was called in the office of Personnel Officer where he found one Police Official. Personnel Officer asked the Police Official to set right the petitioner, thereupon the Police Official started beating and forced him to put his signature on the resignation letter. He made a complaint to Superintendent of Police. He also wanted to submit a representation to the General Manager, but he was not allowed to enter in the premises. Thereafter, petitioner sent a complaint to the Joint Labour Commissioner-cum-Reconciliation Officer, Jaipur on 8.3.1995 mentioning all the facts including that he was forced to write the resignation letter. The dispute raised by the petitioner was registered and the notices were issued to management. The Reconciliation Officer sent a failure report. Thereafter, a representation was preferred before respondent No.1 to make a reference to the Labour Court, however, the respondent No.1, State vide its order dated 21st November, 1995 refused to make the reference to the Labour Court. Being aggrieved with the aforesaid order dated 21st November, 1995, the petitioner filed writ petition before Single Bench, which was allowed vide order dated 1st February, 2005, which is impugned in this intra court appeal preferred by management.;