1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6731/2002. : : Ramji Lal Vs. State of Rajasthan & Ors. : : Date of Order 8.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. 1. This writ petition has been filed challenging the order dated 10.9.1994 by which the appropriate Government has declined the request of petitioner for making reference of a dispute to Industrial Tribunal on the question of his removal by respondents vide verbal order dated 2.4.1992. 2. Contention of petitioner as stated in writ petition is that petitioner was initially appointed with respondents on 12.6.1991 and worked upto 1.4.1992. The appropriate Government has illegally declined to make reference because it held that petitioner was during the aforesaid period served with different offices of respondents. It was contended that petitioner worked in both the Offices under the same 2 employer Rajasthan State Electricity Board and since petitioner was required to move from one office to another by his appointing authority he had no option but to abide the direction. He worked under a common employer i.e. the Chief Engineer who is therefore, impleaded as party respondent in the present writ petition. He is the controlling authority of both the Offices. It is contended that this question was required to be determined by Labour Court and also whether there was no violation of 240 days in two offices of respondents. 3. Learned Additional Government Counsel opposed the writ petition and submitted that appropriate Government has rightly refused to make reference on the premise as stated in the impugned order. 4 Having perused the averments made in writ petition, I find that it is indeed a case worth examination because as per impugned order refusing to make reference, petitioner admittedly worked with Assistant Engineer, RSEB, Gandhi Nagar Sub-Station, Ram Bagh Circle, Incharge B-I and B-II LT and Assistant Engineer, RSEB, Chambal Grade (TCC Line), Bias Godam, Jaipur. They are both offices under 3 the control of same authority. The Government could not have taken a decision to determine this aspect whether the working period of 240 days under two offices of the same employer would not be violative of Section 25-F. In view of above, this writ petition is allowed. The impugned order dated 10.9.1994 is set aside. The appropriate Government is directed to reconsider the matter and pass appropriate order for making reference in accordance with Section 10 read with Section 25-F of Industrial Disputes Act within two months from the date receipt of copy of this judgment. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.45.