C.W.P No.10896 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No.10896 of 2009 Date of Decision: 28.08.2009 Nafe Singh .....Petitioner Versus State of Haryana and others ....Respondents Present: Mr. D.S. Adalkha, Advocate for the petitioner. Mr. D.S. Nalwa, Addl. A.G., Haryana. 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) 1. The writ petition challenges the failure of the Government to make a reference for a dispute raised by the person claiming to be a workman in Police Department. The reference had been rejected on the ground of delay and laches and the workman, therefore, tried to explain the justification for the delay and how the rejection of reference was not proper. 2. Learned counsel appearing for the State points out that the Police Department is not an industry and the Department that performs sovereign functions cannot be treated as an industry for securing any relief under the Industrial Disputes Act. Learned counsel, Sh. Nalwa refers to a decision in Superintendent of Police Karnal Vs. Laxman Yadav and another 2008 (3) RSJ 245 where a C.W.P No.10896 of 2009 -2- Division Bench of this Hon'ble Court has held that the Police Department performs sovereign and legal functions of the State and cannot be subjected to the provisions of the Industrial Disputes Act. It held specifically that the Police Department is not an industry and the reference which was rejected was justified on another ground which was not, however, mentioned by the impugned order of the Government. The writ petition seeking for a mandamus for a reference, in my view, would not be possible. The petitioner shall have independent remedy if he is aggrieved by the conduct of his employer in some other forum and not before the Industrial Disputes Act. 3. Subject to this liberty, civil writ petition is dismissed. (K. KANNAN) JUDGE August 28, 2009 Pankaj*