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Judgment
S.S. Sudhalkar, J.—The petition has been filed by the workman challenging the order of Secretary Labour, Chandigarh Administration, copy Annexure P4, vide which it declined to make a reference for adjudication of the dispute arising out of the demand raised by the petitioner.
The relevant part of the order is reproduced as under :-
"Shri Harinder Singh has raised an Industrial Dispule u/s 3-2A of Industrial Disputes Act, 1947, against, Chandigarh State Cooperative Bank Limited, SCO No. 1088-89, Sector 22-B, Chandigarh vide his demand notice dated 11.1.1999.
Perusal of the record reveals that the workman has worked from 3.4.1998 to 21.11.1998 having less than 240 days service. He has no legal right to claim any compensation of termination of service. Thus, no case is made u/s 2A of Industrial Disputes Act, 1947.
In view of aforesaid facts, the demand notice dated 11,1.1999 served by Shri Harinder Singh does not merit adjudication and same is hereby rejected."
The copy of demand notice is at Annexure P3. It is dated 11.1.1999. In Annexure P3, there is also an allegation of unfair labour practice which is not considered by the respondent No. 1 while passing me impugned order. Moreover, the respondent No. 1 has dealt with the merits of the case which was within the jurisdiction of the Labour Court to decide. It cannot be said from the demand notice that prima facie the petitioner had no case for consideration and when this is the position, evidence is required to decipher the correctness of the contentions of the parties and hence the matter is required to be referred to the Labour Court. It is for the Labour Court to decide this question.
In view of the observations made above, we find it proper to quash the impugned order. Therefore, this writ petition is allowed and the impugned order dated 15.7.1999, copy annexure P4, passed by respondent No. 1 is set aside. The case is remanded to respondent No. 1 for taking a fresh decision in accordance with law. Decision be taken expeditiously preferably within a period of two months from the date of receipt of a copy of this order.
Petition allowed.