Ajay Rastogi, J. - (1.) INSTANT petition has been filed by petitioner -Company assailing order dated 18.10.2005 (Ann.2) passed by appropriate Government making reference for adjudication of industrial dispute. Respondent No. 1 was driver with petitioner -Company whose services were terminated vide order dt. 23.7.2003, for which he raised grievance by way of application before Conciliations Officer and when no settlement could be arrived at between the parties, matter was sent to appropriate Government under section 12(4) of Industrial Disputes Act, 1947 ("the Act"). However, appropriate Government declined to make reference on the premise that petitioner -Company has shown willingness to take the workman on duty, vide order dated 26.5.2004 (Ann.1.), which was challenged by respondent -workman by way. of CWP - 7263 /04 which was decided by this Court vide order dated 24.8.2005 with the direction to respondent -workman to make representation to the Government for re -opening of the case and passing appropriate orders after considering report of conciliation officer. However, it was observed that if such representation is made, appropriate Government at the same time may also consider and decide the same within four weeks by a reasoned order.
(2.) RESPONDENT -workman made representation. It appears that appropriate Government has examined the matter afresh taking note of report of conciliation officer and other material duly supplied alongwith report, and finally referred industrial dispute for adjudication vide order dated 18.10.2005 (Ann.2). Counsel for petitioner inter -alia submits that once there was an order Sated 26.5.2004 (Ann. 1) of rejection by appropriate Government, Second order dated 18.10.2005 (Ann. 2) of making reference is wholly arbitrary and is in violation of principles of natural justice as it could not have been passed without affording opportunity of hearing to the petitioner.
(3.) COUNSEL further submits that once this Court vide order dated 24.8.2005 directed appropriate Government to pass a reasoned order, but no reasons were assigned by appropriate Government while making Reference and in such Circumstances, such order is not legally sustainable and deserves to be set aside.;