JUDGEMENT
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(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.;
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