JUDGMENT :

In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onward. They have no complaint in respect to the audio and video clarity and quality.

2. The petitioner has approached this Court for quashing of the order dated 08.05.2012, passed by Under Secretary, Ministry of Labour, Government of India, whereby and whereunder, the Industrial Disputes regarding dismissal of petitioner from service has been denied to be referred for adjudication in exercise of jurisdiction under Section 12(5) of the Industrial Disputes Act.

3. The facts of the case in short is that petitioner was a displaced person and as such he joined his service on 06.02.2000 to the post of Khalasi, having his Employee No. 764705. The said post of Khalasi is reserved for displaced persons. Due to his severe illness, petitioner was under treatment and could not attend his duties. However, without considering aforesaid fact, respondent no. 3, by issuance of an ex-parte order no. Pers/ESH/Plaint/2002 – 1292, dated 27.06.2002, dismissed the petition