Shri Mukul Sinha, learned advocate appearing on behalf of the petitioner has submitted that proceedings before the Conciliation Officer, Ahmedabad in the form of failure ended on 9th March 2009 and the matter was referred to the Labour Commissioner. However, Labour Commissioner relying upon subsequent settlement dated 11.11.2009, purported to be under Section 2P of the Industrial Disputes Act (a document which was never before the Conciliation Officer and for which no opportunity has been given to the petitioner), passed the impugned order rejecting the application of the petitioner to refer the dispute, which is impermissible.
Hence, Notice for final disposal returnable on 28th September 2010. Direct service is permitted.
(M.R.
Shah, J.) *menon Top