High CourtsSingle Bench(2000) 03 KAR CK 0016

Prakash and Others vs Superintending Engineer (Electrical), O and M Circle, Belgaum and Others

Karnataka High Court · Decided on 31 March 2000 · Citation: (2001) 89 FLR 458 : (2001) 1 KarLJ 490 : (2001) 4 KCCR 372 SN

HON’BLE JUDGES
Kumar Rajarathnam, J
CASE NUMBER
Writ Petition No''s. 41747 to 41757 of 1999

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Judgment

3 paragraphs · 186 words
1.

The writ petitions are taken up with consent of parties for final disposal. Heard the learned Counsel for the petitioners and the learned Counsel for the respondents.

2.

In these writ petitions, the petitioners challenge the order at Annexure-B issued by respondent 4 stating that the reference is not maintainable on the ground that the dispute relates to seniority and absorption. The matter is well-settled that if an individual raise a dispute it can only be for removal, termination or dismissal. If the workmen wants to raise a dispute with regard to absorption and regularisation, that can only be done by Union which can raise the dispute on behalf of the workman. The Bombay Union of Journalists and Others Vs. The ''Hindu'', Bombay and Another, , states that dispute cannot be made by an individual person if it relates to regularisation and absorption unless the dispute is taken up by the Union.

3.

In these circumstances, there is no merit in the writ petition. Writ petition stands dismissed. This will not preclude the workmen to raise any dispute through the Union in accordance with law.