'^^; •:•.'";•.':^"^ HIOH GOURT OF CHHArriSUARH. BILASPUR SingIeBench: Hon'bfe ShriH.L. Dattu, CJ. Writ Petition No. 3221 of 1894. Pet'rtioner G. Satyam, aged abaut 35 years, S/o G.Laxmaiyya C.L.M. Under D.Y.S.S., S.E.RIy. Rallway Colony, Gunderdehi, Distt. Durg (M.P-). Reseendente Vs. 1. Union of India through: Sacretaiy, Minidry of Railway, Rail Bhawan, New Oelhi 2. Divisional Manager, South Eastem Railway, Bilaspur(M.P.) 3. Shri B.P.Rao, Dy.Station Supdt. South Eastem Railvmy Station Sunderdehi Distt. Durg (M.P.) 4. Assistant LabourCommissioner, (Central) Hari Bhawan, Torwa, Bilaspur (M.P.) Petition under Articles 226/227oUt!e CoF^titytJorLSUndia, Present: Shri V.G. Tamaskar, counsel for the petitioner. Shri A.S. Kachhawahs, G.A for respondert No.4/State. ORAI. ORDER (Passed on 30m April, 2007) Petitioner is a workman. He waa emptoyed in South Eastem Rallway Bilaspur Division, Bilaspur (for short 'Railways'). His services were terminated by the respondents. He had gone before the State Govemment wiffi the request to refer the dispute for adjudication before the LabourCourt. The saitf request of the petitioner was rejected t?y the State Govemment by its order dated 13.04.1992. A^rieved by the same, the petitioner is before this Court. (2) It is settfed principle that whenever a dispute is raised, it is expected of the State Government to refer the same to an adjudicating body, namely, Labour Court or ffie Industrtat Tribunat. The State Government is not expected to enter into the correctness or otherwise of the dispute that irtends to raise an Industrial Dispute before the Labour Court - h 3r ;3iaa V- sssaixsses (3) .Having gone through the 'ordere pasaed by the State Government dated 13.04.1992, in my opinton, the same is contrary to the settled legal principles and also contrary to the provisions oflndustriat Dispute Act. Therefore, impugned order cannot be sustainecf by me. Accordingty the following: (i) Petition Is allowed. (ii) Rule is made absolute. (iii) Impugned 'order passed by the State Government dated 13-04-1992'is set aside (w) A direction is issued to the respondents to.refer the dispute before the Labour Couft for adjudtoation and decision as early as possible, at any rate, within sc< months from the date of reoeipt of a copy of this order. Ordered Accordingly; ^~\ f . Sd/- Chief Justice wssSisfsas •^^^^^ 'an