C.W.P. No.6818 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.6818 of 1992 Date of Decision: 19.04.2011 Kaptan Singh …Petitioner Versus The State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Nitin Rathee, Advocate for the petitioner. Mr. Rohit Kumar, Advocate for Mr. Pawan Kumar Mutneja, Advocate for the respondent No.2. *** AJAY TEWARI, J. (ORAL) This petition has been filed against the order dated 20.04.1992 (Annexure P-3) whereby the State of Haryana refused to refer the dispute raised by the petitioner to the Labour Court. The petitioner was appointed as a Fitter on 11.12.1989. His services were terminated w.e.f. 25.07.1991. The petitioner C.W.P. No.6818 of 1992 -2- served a Demand notice to the respondent No.2, in reply the plea taken was that the petitioner actually abandoned his job and reference was made to various notices which were issued to the petitioner from time to time to rejoin his duty. On the basis of this material, the respondent No.1 declined to refer the dispute. Learned counsel for the petitioner has vehemently argued that the respondent No.1 did not have the competence to pass an order on the merits of the case and that the only option open to the respondent No.1 was to refer the dispute to the Labour Court. I find that even in the present writ petition the petitioner has not disputed the factual assertions with regard to the various notices having been sent to him for his repeated acts of absence. It cannot be lost sight of that even though an order may be technically wrong yet in the exercise of extraordinary jurisdiction this Court can transcend the limitations of ordinary jurisdiction and get to the heart of the matter. In this case the determinant would be the unrebutted assertions that as many as three separate notices were issued to the petitioner directing him to join the service. It is thus clear that it was the petitioner who had in fact abandoned the job and the respondent No.2 had no option but to terminate his services. Consequently, this writ petition is dismissed. ( AJAY C.W.P. No.6818 of 1992 -3- TEWARI ) April 19, 2011 JUDGE ashish