MADHAV LAL Vs. CHAIRMAN, MEWAR ANCHALIK GRAMIN BANK
LAWS(RAJ)-2012-12-26
HIGH COURT OF RAJASTHAN
Decided on December 04,2012

Madhav Lal Appellant
VERSUS
Chairman, Mewar Anchalik Gramin Bank Respondents

JUDGEMENT

- (1.) THE petitioner was in the employment of Mewar Anchalik Gramin Bank, Branch Parasli in District Rajsamand as Peon and came to be retrenched from service on 19.4.1986. An industrial dispute was raised by him to question correctness of his retrenchment before the Labour Enforcement Officer on
(2.) 5.1994. The appropriate government vide order dated 29.1.1996 refused to refer the dispute for its adjudication being raised at a belated stage without any justifiable reason. 2. In the year 2010 the petitioner again raised the same dispute before the Regional Joint Labour Commissioner, Udaipur. A notice thereupon was issued to the employer. Under a letter dated 15.4.2010 the employer conveyed to the Conciliation Officer that the same dispute was earlier raised before the competent authority and that was not referred for adjudication, being raised at belated stage. After receiving the reply from employer, the Conciliation Officer is not proceeding further in the matter. Being aggrieved of the same and also by the decision of the appropriate government under the letter dated 29.1.1996 this petition for writ is preferred. It is submitted by learned counsel for the petitioner that under the order (Annex.6), the Desk Officer, Ministry of Labour erroneously refused for making reference of the industrial dispute in view of the fact that the Industrial Disputes Act, 1947 no where prescribes limitation for raising an industrial dispute. Even otherwise too the question of delay could have not been examined by the appropriate government. It is further submitted that the Conciliation Officer in the office of Regional Joint Labour Commissioner, Udaipur is supposed to proceed with the conciliation proceedings irrespective of denial for reference made under the order dated 29.1.1996.
(3.) HAVING considered the facts of the case, I do not find any merit in the arguments advanced.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.