Jagdish Singh v. State Of Chhattisgarh And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPL No. 49 of 2015 • Jagdish Singh S/O Brijbihari Singh, Aged About 57 years General Secretary, Rashtriya Jute Mizdoor Sangh, Jute Mill Labour Colony, Raigarh, Tahsil and District Raigarh, (Chhattisgarh) ---- Petitioner
Versus
1. State of Chhattisgarh Through: The Secretary, Labour Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, (Chhattisgarh)
2. Dy. Labour Commissioner, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, (Chhattisgarh)
3. Assistant Labour Commissioner, Raigarh, Tahsil and District Raigarh, (Chhattisgarh)
4. Mohan Jute Mill Through Its Managing Director, R/O 1 K.Y.D. Street, 16-A, Palace Court, Kolkata, (West Bengal) ---- Respondents For Petitioner :
Shri KPS Gandhi, Advocate For Respondent/State :
Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/04/2015 Heard learned counsel for the parties.
1.
In this petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to respondents No.1 & 2 to refer the industrial dispute raised by the petitioner for adjudication to the jurisdictional labour Court.
2.
Learned counsel for the petitioner would submit that in WP (L) No.84/2012, this Court had observed that the aggrieved party i.e. the petitioner may raise industrial dispute and if such dispute is raised by the employees or the union, the question of limitation shall be considered by the concerned Court. After this decision, the petitioner has raised industrial dispute by moving applications before respondents No.2 & 3 on 11-3-2014, 30-4-2014, 28-72014 & 19-8-2014, however, the dispute has not been referred for adjudication to the jurisdictional labour Court. 3.
In view of the limited relief claimed at this stage, the writ petition is disposed of with a direction to respondents No.1 to 3 to decide the petitioner's application for referring the industrial dispute to the jurisdictional labour Court for adjudication. The needful may be done by the concerned respondents at the earliest, preferably within a period of three months from the date of submission of certified copy of this order. JUDGE ashu