C.W.P. No.3148 of 1994 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.3148 of 1994 (O&M) Date of Decision:02.02.2010 Smt. Nirja Kaushik wife of A.K. Kaushik, Interior Decorator, Haryana Tourism Corporation, Chandigarh ....Petitioner Versus Chandigarh Administration through Home Secretary, Civil Secretariat, Union Territory, Deluxe Building, Sector 9, Chandigarh and others ....Respondents Present: Mr. Sanjiv Manrai, Advocate for the petitioner. Mr. Kapil Kakkar, Advocate for respondent No.1. Mr. K.K. Gupta, Advocate for respondents No.2 and 3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) C.M. No.11554 of 2009 Application is allowed. Civil writ petition is restored to its original number. C.W.P. NO.3148 of 1994 1. The writ petition challenges the order of the Government refusing to make a reference under Section 10 of the Industrial Disputes Act. In the impugned order of the 1st respondent, it is stated that the demand notice has not been sponsored through the C.W.P. No.3148 of 1994 (O&M) -2- Union or an appreciable number of workmen and therefore, the same is rejected. 2. Learned counsel for the petitioner states that the dispute raised was a case of unlawful termination and even a right to an individual to raise such a dipsute is possible under Section 2-A of the Industrial Disputes Act. The order passed by the 1st respondent is clearly erroneous and it has been done without reference to Section 2-A of the Industrial Disputes Act. The order is quashed and the 1st respondent shall consider and pass appropriate orders making a reference under Section 10 of the Industrial Disputes Act for adjudication before the Labour Court as per procedure established by law. The decision for reference shall be taken by the 1st respondent within a period of six weeks from the date of receipt of copy of the order. 3. The writ petition is disposed of on the above terms. (K. KANNAN) JUDGE February 02, 2010 Pankaj*