DINESH SINGH RAO Vs. UNION OF INDIA AND OTHERS
LAWS(RAJ)-2009-1-248
HIGH COURT OF RAJASTHAN
Decided on January 07,2009

Dinesh Singh Rao Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

Govind Mathur, J. - (1.) To challenge the decision of the appropriate Government for not referring an industrial dispute for its adjudication raised by the petitioner, this petition for writ is preferred.
(2.) In brief, facts of the case are that the Superintendent of Post, Department of Post, Sirohi invited applications from eligible candidates for the purpose of appointment to the post of Branch Post Master under an advertisement dated 08.06.1999. On selection, appointment was given to the petitioner, however, he was dis-continued from service on 26.03.2000. Being aggrieved by the same, the petitioner raised an industrial dispute. The appropriate Government by its communication dated 07.06.2004 informed the petitioner that the dispute raised is not fit for adjudication for the reason that "the workman was appointed for the period till a regular appointment is made. It was stipulated in the appointment letter that the management reserve the right to terminate the appointment without any notice. ID is not maintainable."
(3.) The contention of the learned counsel for the petitioner that the appropriate Government could have not examined the nature of appointment which was made after due selection. It is asserted that the reason given for not making reference relates to merit of an industrial dispute and that could have been adjudicated only by an adjudicating forum prescribed under the Industrial Disputes Act, 1947.;


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