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2000 Supreme(Kar) 257

Karnataka High Court
Judges : KUMAR RAJARATNAM
PRAKASH - Appellant
Versus
SUPERINTENDING ENGINEER - Respondent
W. P. 41747 Of 1999
Decided On : 03/31/2000

Headnote:Industrial Disputes Act, 1947-Sections 2(k) and 10(1)-dispute regarding seniority and absorption in service between employer and individual workman-only dispute regarding dismissal, retrenchment or termination can be raised by individual workman before Industrial Tribunal.

       

KUMAR RAJARATHNAM, J.

( 1 ) IN these Writ Petitions, the petitioners challenge the order at Annexure B issued by respondent 4 stating that the reference is not maintainable on the ground that the dispute relates to seniority and absorption. The matter is well settled that if an individual raises a dispute it can only be for removal, termination or dismissal. If the workman wants to raise a dispute with regard to absorption and regularisation, that can only be done by Union which can raise the dispute on behalf of the workman or workmen. The Bombay Union of journalists and Others v. The 'hindu' Bombay and Another AIR 1963 SC 318 : 1961-II-LLJ-436 states that dispute cannot be made by an individual person if it relates to regularisation and absorption unless the dispute is taken up by the union.

( 2 ) IN these circumstances, there is no merit in the Writ Petition. Writ Petition stands dismissed. This will not preclude the workmen to raise any dispute through the Union in accordance with law.

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