CW 9269/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.9269/2010 Sushil Kr. Tyagi Versus Union of India & Anr Date of Order ::: 21/07/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Sunit Khandelwal, for petitioner Instant petition has been filed assailing order dt.16/02/2010 (Ann.4) based on report dt.15/12/2009 (Ann.3) whereby respondent authority declined to make reference of the dispute. The petitioner filed application U/s 2(A) of Industrial Disputes Act, 1947 (“ID Act”) inter-alia averring that he has been working since 04/01/2004 in the cadre of Class IV but his services were verbally terminated w.e.f. 30/01/2009. After the notice was served, the reply was submitted in which it was specifically averred by the department that the petitioner was never engaged in its office and what has been alleged about he being engaged and termination are factually incorrect. There is no document on record by which it can be inferred that petitioner was engaged in January, 2004 and that his services were at all terminated; and there being failure report, appropriate Government examined the material on record and observed that since there is no prima facie evidence on CW 9269/10 //2// record whereby it could be inferred that there was relationship between employer and employee and in the absence whereof, there cannot be said to be any industrial dispute required for adjudication by way of making reference. Taking note whereof, appropriate Government declined to make reference U/s 12(5) of ID Act. Such a dispute was certainly stale one and appropriate Government has not committed any error in declining to make Reference while passing order dt.16/02/2010 (Ann.4). This Court has gone through the order impugned and does not find any error being committed which may call for interference in equitable jurisdiction of this Court U/Art.226 of the Constitution. Consequently, the writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p2/ 9269CW2010July21DsID-S12.doc