Full Judgment
Ashok Kumar Mathur, J.
1. The petitioner by this writ petition has prayed that the order (Annx. 3) dated 2-4-1985 whereby the respondent State has refused to make a reference may be set aside and a direction may be given to the respondent State to refer the matter under Section 12 of the Industrial Disputes Act to the Tribunal for adjudication.
2. The petitioner was an employee of the Rajasthan State Road Transport Corporation. He was charge-sheeted and after regular enquiry he was found guilty of carrying passengers without ticket and thereafter on the basis of the report of the Enquiry Officer his services were terminated. He requested the State Government for making a reference to the Tribunal, but the State Government declined to make a reference by the order dated 2-4-1985 (Annx. 3). Against this order, the present writ petition has been filed by the petitioner before this Court.
3. Learned Counsel for the petitioner submits that under Section 12 of the Industrial Disputes Act, the State Government cannot refuse to make a reference. The State Government itself cannot adjudicate as to whether the enquiry held against the petitioner was valid or invalid. The decision on merit can only be taken by the Tribunal and not by the State Government. Thus, he submits that the order of the State Government should be set aside 2nd they may be directed to make a reference. In this connection, learned Counsel has invited my attention to Ram Avtar Sharma and Ors. v. State of Haryana and Anr. : (1985)IILLJ187SC , it was observed that the State Government performs an administrative act and it cannot delve into the merit of the dispute. It was observed as under in the aforesaid case:
If the Government performs an administrative act while either making or refusing to make a reference under Section 10, it cannot delve into the merits of the dispute and take upon itself the determination of lis.
4. Thus, in the present case, the petitioner's grievance is that the enquiry conducted against him was not proper and he was not given reasonable opportunity. This requires adjudication that whether the petitioner was afforded a reasonable opportunity or not and inquiry was held in accordance with law or not. This is not within the domain of the administrative function of the State Government. This touches the merit and that should be adjudicated by the Tribunal after hearing both the parties. Thus, the order of the State Government dated 2-4-1985 (Annx. 3) is quashed and the State Government is directed to reconsider the matter for making a reference.
5. In the result, the writ petition allowed, the order dated 2-4-1985 is quashed and the State Government is directed to reconsider the matter of making a reference. The parties are left to bear their own costs.