1 S.B.CIVIL WRIT PETITION NO.5462/2007 Usha v. State of Rajasthan & Anr. Date of Order :: 6th May, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Vijay Mehta, for the petitioner. Mr. R.S.Saluja, for the respondents. .... Despite selection for appointment as Sweeper with Municipal Corporation, Jodhpur, the appointment was not accorded to the petitioner, therefore, she raised an industrial dispute but that was not referred for its adjudication to any adjudicating forum under the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”) being not an industrial dispute. By this petition for writ challenge to the decision aforesaid is given. The appropriate government refused to refer the dispute on the count that as per Section 2(k) of the Act of 1947 the dispute relating to recruitment can not be an industrial dispute. Section 2(k) of the Act of 1947 prescribes that “the industrial dispute means any dispute or difference between employers and employers, or between 2 employers and workmen, or between workmen and workmen, which is connected with the employment or non- employment or the terms of employment or with the conditions of labour, of any person”. In view of the definition referred above the dispute must be between employers and employers, or between employers and workmen, or between workmen and workmen. The dispute that is subject matter of present controversy is not at all a dispute among any of the parties referred above. The appropriate government, therefore, has not committed any error while not referring the dispute to the adjudicating forum under the Act of 1947. The petition for writ, therefore, is having no merit and as such is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.