A workman can submit a statement of claim individually and the Labour Court can examine the dispute on the basis of the statement of claim submitted by the workman individually.

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The petitioner by way of this writ petition has assailed the award dated 8.7.2008 whereby the reference made by the Employees Union relating to the workman Ramesh Chandra Sharma has been answered in favour of workman holding that the action of the petitioner in not taking the workman on duty on the post of peon was illegal and unjustified.

2. The Counsel for the petitioner submits that the Judge, Labour Court was informed that the workman has been removed after conducting the departmental enquiry subsequent to the reference. It has also been noticed by the Labour Court in its award and, therefore, it ought not have passed the award for reinstatement on the post of peon. Counsel further submits that as the workman has already raised the dispute before the Labour Court relating to subsequent termination and the same is pending, the Labour Court ought to have left the case to be examined in the said reference. The Counsel also submits that since the workman himself submitted his statement of claim and not through the Union, and reference was not in relation to the termination or dismissal in terms of section 2-k of the Act of 1947, the Labour Court could not have examined the dispute on the basis of statement of claim submitted by the workman individually and it ought to have been taken-up by the Union.

3. The Counsel for the petitioner also submits that the post of peon/chowkidar is an encadred post in the service rules and if, the respondent-workman had been asked to perform the duties of chowkidar, he could not have refused to do so and he cannot be forced to work as peon and in view thereof, as the petitioner had asked the respondent to perform the duty of chowkidar, it cannot be said that the petitioner had disallowed the respondent to perform the duty.

4. During the pendency of the writ petition, the Counsel for the respondent-workman was asked to inform about the status relating to the workman as of today. The Counsel for the respondent-workman has informed that the respondent was not allowed to work as peon and services were terminated treating him as absent from duty and after conducting an enquiry along with certain other charges. The workman has again raised the dispute before the Labour Court in relation to his termination which is pending for disposal.

5. I have heard learned Counsel for the parties and perused the award dated 8.7.2008. A perusal of the award dated 8.7.2008 shows that the State Government vide its reference dated 27.3.1987 referred the following dispute to the Labour Court:

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6. A perusal of the aforesaid reference shows that the dispute was raised by the Employees Union through its General Secretary of the Rajasthan Small Industries Corporation. After the reference has been made, the workman submitted his statement of claim. Objection regarding statement of claim was raised by the petitioner before the Judge, Labour Court who has dealt with the said objection and has reached to a conclusion that in terms of section 2-k of the Act of 1947, it is the dispute which is required to be raised by the Union and that statement of claim has to be essentially filed by the Union. Since the statement of claim has been filed by the aggrieved workman, no illegality has been found by the Judge, Labour Court. It has been stated that if workman is disallowed upto his claim, it would be against the principles of equity. This Court approves the view taken by the Judge, Labour Court, and find that in terms of section 2-k of the Act of 1947, the dispute which is required to be raised is that if the Union or body of workman espouses his cause, it does not become an industrial dispute. Once the said dispute had been raised and the State Government ackno