1 S.B.CIVIL WRIT PETITION NO.3831/2007 Gopal Kamgar Union, Udaipur v. State of Rajasthan & Ors. Date of Order :: 22nd April, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Mahesh Bora, for the petitioner. .... A decision was taken by the State Level Planning and Development Co-ordination Committee on 30.7.1997 to provide 10% reservation for appointment to the post of Live Stock Assistants from among the “Gopal” having seven years experience. The petitioner union raised an industrial dispute for implementation of the decision aforesaid. The Conciliation Officer- Cum-Joint Labour Commissioner, Udaipur by not treating the dispute raised as an industrial dispute refused to proceed with further negotiations, hence this petition for writ is preferred with the contention that the Conciliation Officer is having no jurisdiction to decide the issue as to the dispute raised is an industrial dispute or not. Without entering into the question as to whether the Conciliation Officer had any jurisdiction to examine nature of the dispute, I am of the opinion 2 that no relief could have been granted to the petitioner under the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”). The post of Live Stock Assistant is a part of the Rajasthan Animal Husbandry Subordinate Service Rules, 1977, and the recruitment thereon is required to be made by way of promotion and direct recruitment in proportion of 25% and 75% respectively. No reservation under the Rules is prescribed for “Gopals” or to any other employee while making recruitment to the post of Live Stock Assistant. The procedure for making appointment to the post aforesaid is given under Part- IV of the Rules. The Rules of 1977 were framed by the Governor of Rajasthan while exercising powers under proviso to Article 309 of the Constitution of India and no direction, in any event, could have been granted by the Labour Court or the Industrial Tribunal or any other adjudicating forum under the Act of 1947 to make any amendment under the Rules concerned or to provide reservation to the “Gopals”, by making suitable provisions under the Rules. In view of the fact that no relief could have been granted even after adjudication of the dispute sought to be raised by the petitioner by any adjudicating forum under the Act of 1947, I do not consider it appropriate to interfere with the matter under Article 226 of the Constitution of India. 3 The writ petition is accordingly dismissed. ( GOVIND MATHUR ),J. Kkm/ps.