Thakara Ram vs State & Ors on 26 September, 2008

[Cites 2, Cited by 2]

Rajasthan High Court - Jodhpur

Thakara Ram vs State & Ors on 26 September, 2008

Bench: Govind Mathur

                            { 1 }

        S.B. CIVIL WRIT PETITION NO. 7434/2007.
          (BHANWAR LAL VS. STATE & OTEHRS)

        S.B. CIVIL WRIT PETITION NO.3238/2007.
           (GHANSHYAM VS. STATE & OTEHRS)

        S.B. CIVIL WRIT PETITION NO.3239/2007.
          (THAKARA RAM VS. STATE & OTEHRS)

         S.B. CIVIL WRIT PETITION NO.3240/2007.
        (BHAGWATI PRASAD VS. STATE & OTHERS)

        S.B. CIVIL WRIT PETITION NO.3241/2007.
           (HEERA RAM VS. STATE & OTHERS)

        S.B. CIVIL WRIT PETITION NO. 3242/2007.
          (KESHAR SINGH VS. STATE & OTEHRS)

        S.B. CIVIL WRIT PETITION NO.3243/2007.
           (RAM AASARE VS. STATE & OTEHRS)

        S.B. CIVIL WRIT PETITION NO.3245/2007.
           (PABU SINGH VS. STATE & OTEHRS)

        S.B. CIVIL WRIT PETITION NO.3246/2007.
           (DURGA RAM VS. STATE & OTHERS)

         S.B. CIVIL WRIT PETITION NO.3247/2007.
        (CHANDRAMA SINGH VS. STATE & OTHERS)

        S.B. CIVIL WRIT PETITION NO. 7209/2007.
             (PUNA RAM VS. STATE & OTEHRS)

        S.B. CIVIL WRIT PETITION NO.7642/2007.
          (RADEY SHYAM VS. STATE & OTEHRS)


        S.B. CIVIL WRIT PETITION NO. 3244/2007.
          (BHANWAR LAL VS. STATE & OTEHRS)

        S.B. CIVIL WRIT PETITION NO.7204/2007.
          (JABBER SINGH VS. STATE & OTEHRS)

DATE OF ORDER           :           26.09.2008.
                                  { 2 }

              HON'BLE MR. GOVIND MATHUR, J.

Mr. Mukesh Vyas for the petitioner.

Mr. Arjun Singh for the respondents.

The petitioners in all these petitions for writ are claiming for grant of pay scale of Rs.5000-8000 as Selection Grade on completion of 18 years of service. A further directrion is sought for fixation of their pay in the pay scale of Rs.6500- 10500 on completion of 10 years of service.

The respondents in reply to the writ petition have disputed the facts relating to date of appointments of the petitioners and also nature of their work.

The facts disputed are quite complicated and those cannot be settled by this Court in its writ jurisdiction, therefore, I consider it appropriate to get the issue resolved by an adjudicating forum under the Industrial Disputes Act, 1947. However, the dispute sought to be settled in individual capacity is not an industrial dispute as defined under Section 2(k) of the Industrial Disputes Act, 1947, thus, if all the petitioners collectively raise their dispute before the Conciliation Officer, Jodhpur Zone, Jodhpur, then he shall arrange required negotiation. The parties are in agreement to appear before the { 3 } Conciliation Officer, Department of Labour, Jodhpur on 20.10.2008. The petitioners may file their demand on or before the date aforesaid with Conciliation Officer with an advance copy of the same to the employer. In the event of failure of the parties to arrive at any agreement within a period of three months from 20.10.2008, the Conciliation Officer shall submit failure report to the appropriate government immediately. The appropriate government in its turn shall consider the dispute as per the provisions of Section 12(5) of the Act of 1947 within a period of one month from the date of the receipt of the failure report from the conciliation officer and take appropriate decision for its reference to the appropriate adjudicating forum Petitions for writ, with the observations above, stand disposed of.

(GOVIND MATHUR)J. Anil/

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Rajasthan High Court - Jodhpur