R.P.VYAS, J. - (1.) PETITIONER -the Mining Engineer, Mines and Geology Department, Government of Rajasthan, Jaipur -hay filed the instant petition, praying, inter alia, therein for quashing the award dated March 20, 2001 (Annex. A/5) and Notification dated February 8,1999 (Annex. A/2) and directing the respondents to initiate proper proceedings against his actual employer.
(2.) IT is submitted by the learned counsel for the petitioner that the Mining Engineer, Mines and Geology Department has never been the Employer of Respondent No. 3 -Shri Ratna Ram Patel (claimant). The respondent No. 3, (claimant) being employee of one employer -Mining Engineer (Writs) submitted his writ petition before this Hon'ble Court which was titled as S.B. Civil Writ Petition No. 4735/91 (Ratna Ram Patel v. Minine Engineer (Writs) and Ors.). In the said writ petition, the employee -Ratna Ram (claimant) submitted that despite having completed 240 days under the Mining Engineer (Writs), his services have been retrenched without complying with the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act, 1947) In that writ petition, the notices were issued and the reply was submitted, denying the fact of completion of 240 days. The said writ petition was disposed of with a direction that the workman Ratna Ram should have, raised the dispute under the Industrial Disputes Act before the Labour Court. The said decision was rendered on December 5, 1996, by the then Hon'ble Mr. Justice J.C. Verma. It is further submitted by the learned counsel for the petitioner that after the aforesaid Order dated December 5,1996 was passed this Court, the present respondent No. 3 -Ratna Ram (the claimant) left the idea of submitting his case before the appropriate Government. But after the expiry of about three years, a reference was made to the appropriate Government, which was referred to the Labour Court on February 8, 1999. The appropriate Government issued a reference against the present petitioner who is a different employer than the actual employer of respondent No. 3 Ratna Ram (claimant). The Mining Engineer, Mines and Geology Department, Jodhpur has power to issue mining lease, licence in his division and having its headquarters at Jodhpur. His entire work is in relation to the development and regulation of mines and minerals.
(3.) IT is also submitted that the Mining Engineer (Writs) is a separate establishment than the Mining Engineer, Mines and Geology Department. Its Office is being headed by a Mining Engineer.;