Veena Kapoor v. The Punjab State Co-Operative

CWP-15807-1999

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-15807-1999 Date of Decision : 25.11.2024 VEENA KAPOOR .... PETITIONER V/S THE SECRETARY LABOUR CHANDIGARH ADMINISTRATION, CHANDIGARH AND OTHERS .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :- None.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 01.09.1999 (Annexure P-9) whereby the Secretary Labour, Chandigarh Administration declined to refer the matter to Labour Court. 2.

The petitioner was working with respondent-Markfed. She came to be terminated vide order dated 11.07.1997. She approached Labour Authorities at Chandigarh. The Secretary Labour, Chandigarh Administration declined to make reference on the ground of jurisdiction. Order dated 01.09.1999 is reproduced as below : "Shri/Smt. Veena Kapoor has raised an Industrial Despute under section 2-A of Industrial Dispute Act. 1947 against the Managing Director, Punjab State Co-operative Supply and Marketing Fed. Sector 35, Anju Goel 2024.11.26 09:58 I attest to the accuracy and integrity of this document Chandigarh

CWP-15807-1999 Chandigarh vide his demand notice dated nil.

2.

Perusal of record reveals that the workman was working at Khanna which falls in state of Punjab at the time of termination of her services. Therefore the dispute do not come under the jurisdiction of Union Territory, Chandigarh.

3.

In view of aforesaid facts the demand notice dated nil served by Shri/Smt. Veena Kapoor does not merit adjudication and same is hereby rejected." 3.

A period of 21⁄2 decades has passed away since the passing of impugned order. The Labour Department refused to refer the matter to Labour Court on the ground of jurisdiction. The petitioner could or might have approached Labour Authorities in the State of Punjab. 4.

There is no representation of the petitioner. 5.

In the backdrop, the petition is hereby dismissed. (JAGMOHAN BANSAL) JUDGE 25.11.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.11.26 09:58 I attest to the accuracy and integrity of this document Chandigarh