VIJAY SHANKAR TIWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have considered the strenuous submissions of the learned advocates appearing for the respective parties.

(2.) A very short issue is raised in this petition. Whether, the Assistant Commissioner of Labour, exercising jurisdiction as Conciliation Officer, can refuse to submit a failure report when the dispute raised before him is not resolved post conciliation.

(3.) The petitioner has superannuated from employment on 31/8/2013 after joining duties on 26/6/1979. He raised an industrial dispute on 6/9/2017 putting forth two grievances. Firstly that, his annual increment was stopped for one year by order dtd. 21/2/2012 and by order dtd. 4/5/2012, he was imposed penalty of Rs.25,000.00. Secondly, since he was suspended prior to issuing the order of punishment dtd. 21/2/2012, his suspension period was maintained. Therefore, he was not paid the entire wages for the suspension period, besides the suspension allowance.