Rajasthan Court December 2009 Judgments

Om Prakash Vs. Union of India (Uoi) and ors.

Court: Rajasthan

Reported in: 2009(2)WLN105

H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dt. 31.07.2003 Annex.7 passed by the respondent Union of India declining to make reference on the ground that the workman has not worked for 240 days in a year and the workman was given an opportunity to appear before duly constituted Board of Officers, but he did not appear and therefore, the industrial dispute is not maintainable.2. I have heard learned Counsel for the parties. 3. Learned Counsel for the parties submit that the controversy is no more res integra in view of the Division Bench decision of this Court in Kanhiya Lal v. State of Rajasthan and Ors. 2004 (3) W.L.C. (Raj.) 112 wherein in para 22 of the Report, this Court observed as under:In the present case the petitioner is seeking his right to seek industrial adjudication of dispute that exist between himself and his employer. He has immediately approached the Joint Labour Commissioner soo...