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REKHA PALLI
Vijay Kumar Jhamb – Appellant
Versus
C – Respondent
JUDGMENT :
Rekha Palli, J.
1. The present petition preferred by the workman under Article 226 of the Constitution of India seeks quashing of the order dated 17.12.2011 passed by the respondent under Section 12(5) of the Industrial Disputes Act (ID Act). Vide the impugned order, the respondent, the appropriate Government acting through the Regional Labour Commissioner has declined to refer the dispute raised by the petitioner for adjudication before the Industrial Tribunal.
2. The brief factual matrix necessary for adjudication of the dispute may be first noted. The petitioner joined the services of the State Bank of India on 10.04.1981 as a Clerk and was removed from service vide order dated 24.11.2004 pursuant to ex parte disciplinary proceedings held against him. As the petitioner had rendered more than 20 years of service, he applied to the bank for release of pension on the ground that he having submitted his resignation on 10.03.2004, he was entitled to pension. Upon receiving no response thereto, the petitioner through the All India Bank Staff Association raised a claim before the Assistant Labour Commissioner.
3. In the conciliation proceeding, the bank took the plea that the pe
The Appropriate Government's role is to determine the existence of a dispute, not to adjudicate on the merits, and refusal to refer should be in extraordinary cases.
A government's refusal to refer an industrial dispute for adjudication based on purported lack of service continuity without exploring all relevant circumstances is improper.
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
The discretion vested in the appropriate Government to decide whether to make a reference to the Labour Court and the scope of judicial review of such decisions.
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
Point of Law : whether or not the industrial dispute exists or is apprehended in the meaning of Section 10(1) of the Act can be decided by the appropriate Government alone and not by any other author....
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