S. Chandrashekhar, J. - (1.) SEEKING quashing of order dated 19.07.2011, the present writ petition has been filed.
(2.) THE brief facts of the case are that, the concerned workman was working as General Mazdor at Sendra Bansjora Colliery under Sujua area and he was dismissed on 21.01.2004. The petitioner -Union submitted a representation against the illegal dismissal of the concerned workman before the Assistant Labour Commissioner on 09.02.2010. The management submitted its reply and denied employment to the concerned workman. Finally, the conciliation failed and a report dated 25.10.2010 was sent to the Ministry of Labour & Employment however, vide order contained in letter dated 19.07.2011, the appropriate Government refused to refer the dispute for adjudication on the ground that the dispute has been raised belatedly after six years. Aggrieved, the petitioner has approached this Court by filing the present writ petition. A counter -affidavit has been filed on behalf of the management of Gendra Bansjora Colliery, M/s Bharat Coking Coal Limited, supporting the impugned order contained in letter dated 19.07.2011. It is stated that the appropriate Government has formed an opinion that neither any dispute existed nor it was apprehended six years after dismissal of service. The concerned workman was dismissed on 21.01.2004 and he raised an industrial dispute on 09.02.2010 and no explanation has been offered on behalf of the workman for the said delay. It is stated that in "National Engineering Industries Limited vs. State of Rajasthan and Others", reported in : (2000) 1 SCC 371 and in "Sapan Kumar Pandit vs. U.P. State Electricity Board and Others", reported in : (2001) 6 SCC 222, the law on this issue has been settled by the Hon'ble Supreme Court and therefore, no interference is required in the matter.
(3.) HEARD the learned counsel appearing for the parties.;