The writ petition is directed against the reference order dated 29.8.1990, whereby the following dispute has been referred under section 4-K of the U.P. Industrial Disputes Act:
" Kya sewayojkon dwara apne shramik Sri Ram Pratap Pandey putra Shri Madhav Raj, Operator Ring Foundry Vibhaag ko dinaank 9.3.88 se karya se prithak/vanchit kiya jana uchit tatha vadhanik hai? Yadi nahin, to sambhandhit shramik kya laabh/anuthosh (relief) paane ka adhikari hai tatha anya vivran sahit "
Mr Satish Chaturvedi, Senior Advocate appearing for the petitioner contended that the aforesaid reference was already made to the Labour Court (I), Ghaziabad, and was registered as Adj. Case No. 205 of 1989. This was answered in favour of the employer and against the workman by the labour court, being award dated 30th July, 1990, and the said award has obtained finanility after dismissal of writ petition by this Court; but, the said matter has again been raised by means of the impugned notification.
Nothing, however, has been brought on record to demonstrate that the same dispute was referred earlier and was decided by the labour court and the present one is the second reference for the same dispute. The onus lies up on the petitioner to substantiate the plea raised. In absence of any material to support the submission of learned counsel for the petitioner, I do not find any reason to interfere with the impugned award, particularly when this issue can be raised by the petitioner before the labour court also.
In view of the above, I do not find any reason to interfere with the impugned reference at this stage.
The writ petition is dismissed at this stage.
Order Date :- 23.4.2012 sks-grade iv