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High Court Of ChhattisgarhWPS/7926/2018disposed off

Peter Clabart Lakra v. Stae Of Chhattisgarh

2018-12-03Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7926 of 2018

1. Peter Clabart Lakra S/o Shri John Lakra, Aged About 56 Years Working As A Security Guard, Bharat Aluminium Company Ltd. PostBalco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh

2. Balwinder Singh S/o Shri Bacchan Singh, Aged About 58 Years Working As A Security Guard, Bharat Aluminium Company Ltd. PostBalco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh

3. Satrughna Pandey S/o Shri Rajendra Pandey, Aged About 58 Years Working As A Security Guard, Bharat Aluminium Company Ltd. PostBalco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh

4. Shiv Shankar Gupta S/o Shri Siya Ram Gupta, Aged About 58 Years Working As A Security Guard, Bharat Aluminium Company Ltd. PostBalco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh

5. T. Panigarahi S/o Shri Mohadev Panigarahi, Aged About 58 Years Working As A Security Guard, Bharat Aluminium Company Ltd. PostBalco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh

6. Ram Narayan Vishwakarma S/o Shri G.D. Vishwakarma, Aged About 59 Years Working As A Security Guard, Bharat Aluminium Company Ltd. Post- Balco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh

7. Chabindra Pradhan S/o Shri Jeeban Pradhan, Aged About 59 Years Working As A Security Guard, Bharat Aluminium Company Ltd. PostBalco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh

8. Pratap Chand S/o Shri Chhagan Ram, Aged About 59 Years Working As A Security Guard, Bharat Aluminium Company Ltd. Post-

Balco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh

9. S.C.Das S/o Uday Nath Das, Aged About 59 Years Working As A Security Guard, Bharat Aluminium Company Ltd. Post- Balco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh 10.

Nawab Singh Atri S/o Shri Chhidda Singh, Aged About 59 Years Working As A Security Guard, Bharat Aluminium Company Ltd. Post- Balco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh 11.

Shiv Kumar S/o Shri S.Napit, Aged About 59 Years Working As A Security Guard, Bharat Aluminium Company Ltd. Post- Balco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh 12.

Suraj Pal Singh S/o Shri Hazari Singh, Aged About 59 Years Working As A Security Guard, Bharat Aluminium Company Ltd. PostBalco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh 13.

Dadan Singh S/o Shri Lakshman Singh, Aged About 56 Years Working As A Security Guard, Bharat Aluminium Company Ltd. PostBalco Nagar, Police Station- Balco Nagar, Korba, District Korba Chhattisgarh ---- Petitioners

Versus

1. Stae Of Chhattisgarh Through Secretary, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. Assistant Labour Commissioner, Korba, District Korba Chhattisgarh

3. Bharat Aluminium Company Limited, Through Managing Director, Post Balco, Police Station Balco Nagar, Korba District Korba Chhattisgarh ---Respondents For petitioners :

Shri K. P. S. Gandhi, Advocate.

For State :

Ms. Sunita Jain, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 03/12/2018 1.

Counsel for the petitioners, at the outset, confines his argument to the relief for a direction to respondent no.2 to proceed further with the conciliation proceeding under the Industrial Dispute Act. 2.

According to the petitioners, they were working with respondent no.3 as Security Guard and have been illegally discontinued/terminated. According to the petitioners, they have raised a dispute under the Industrial Disputes Act before respondent no.2 in August, 2018 but till date no decision has been taken on the conciliation proceeding. 3.

Given the said fact, the writ petition at this juncture stands disposed of with a direction to respondent no.2 to proceed and decide the conciliation proceeding at the earliest in accordance with the rules. Even if respondent no.3 raises an objection in respect of the maintainability, respondent no.2 has to proceed in accordance with law and pass a suitable order under the provisions of law. Let this exercise be done within a period of 60 days from the date of receipt of certified copy of this order.

4.

With the aforesaid observation, the Writ Petition stands disposed off. Sd/- (P. Sam Koshy) JUDGE Khatai