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2013 Supreme(MP) 1302

ROHIT ARYA
Chunnu Khan – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the petitioner: Ms. A. Pethia
For the respondent Nos. 1 and 2: Om Namdeo
For the respondent No. 3: Rakesh Pandey

JUDGMENT :

1. By this writ petition, the petitioner seeks indulgence of this Court in the matter of refusal by Central Government to make reference of industrial dispute for adjudication before the Central Government-cum-Labour Court, Jabalpur. The communication of refusal to make reference under section 10 of the Industrial Disputes Act, dated 11-7-2011 is under challenge in this writ petition. The reason for refusal is purportedly is belated dispute of 15 years.

2. The facts necessary for disposal of this petition are that, undisputedly petitioner served the Railway Institute as casual labour in two spells; one from 1-6-1990 to 3-8-1990 and second from 4-8-1990 to 2-7-1991 totalling 333 days. Thereafter, for the reasons best known to the respondents/Railway Institute, petitioner's services were discontinued without notice to him and without compensation. Petitioner was running from pillar to post seeking continuity of his employment but to no avail. No sooner did he come to know about the circular of the respondents relating to regularisation of casual labourers issued in year 1996, petitioner immediately approached the Competent Authority by making a representation in prescribed p























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