Chhabi Nath Prasad v. State Of Uttar Pradesh And Others

1. Heard counsels for the parties.

2. The petitioner was a bus conductor who was dismissed from service on August 25, 1988, after enquiry. He raised a dispute but the State Government has refused to refer the dispute to the Labour Court vide its order, dated August 5, 1991

3. It is settled law that the State Government can not adjudicate upon the dispute as that is the function of the Labour Court. The State Government can only see whether the dispute is wholly frivolous or not, and if it is found that it is not frivolous then the State Government has to refer the dispute regarding the termination of service to the Labour Court in view of S. 2A of the Industrial Disputes Act. In the present case, no reason at all has been given in the impugned order, dated August 5, 1991, refusing to refer the dispute to the Labour Court.

4. Hence, I quash the impugned order, dated August 3, 1991. Ordinarily I would have directed the State Government to reconsider the matter, but since the termination order was passed more than eight years ago, I direct that the State Government to refer the matter to the Labour Court under S. 4K of the Uttar Pradesh Industrial Disputes Act and the case shall be decided within months thereafter by the Labour Court in accordance with law.

5. With these observations, the writ petition is finally disposed of.