ASHOK PARIHAR, J. - (1.) SINCE on same set of facts similar prayers have been made both the writ petitions have been heard together and are being decided by this common order.
(2.) PETITIONERS while challenging the closure and retrenchment have prayed for directions to the State Government to issue an order under Section 10K of the Rajasthan Industrial Disputes Act for certain directions to the respondent employer protecting rights of the concerned workmen. A bare reading of Section 10K of the Act would show that it is total discretion of the State Government to issue an order under Section 10K considering all the circumstances as placed before the concerning authority. No directions as such can be issued by this Court under writ jurisdiction to the authorities for issuing an order under Section 10K. This Court under writ jurisdiction does not sit in appeal over the discretion so used by the authorities in such matters, moreso, when there are number of disputed questions of fact and law, the same can be decided only by a competent Tribunal or Court after taking evidence of both the parties and grant appropriate relief to the concerned workmen if they are otherwise entitled for. In the present case, though no directions as such can be issued by this Court for issuing an order under Section 10K, however as per material available on record, there appears to have been some conciliation proceedings and there is no justification or reason given by the respondent department as to why the dispute in regard to closure or retrenchment had not been referred to an Industrial Tribunal or Labour Court for adjudication as yet the respondent Labour Department is not directed to issue a proper notification for referring the relevant disputes in regard to closure or retrenchment of the concerned workmen to a competent Court for adjudication within thirty days from the date of receipt of certified copy of this order and if any such dispute is referred to a Tribunal or Court, it is also expected from such authority concerned to decide the dispute as expeditiously as possible. With the above observations and directions the writ petitions are disposed of accordingly.;