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2005 DIGILAW 1644 (RAJ)

Suresh Chand Sharma v. State of Rajasthan

2005-06-02

ASHOK PARIHAR

body2005
Judgment Ashok Parihar, J.-Petitioner has challenged the order dated 19.07.1996 passed by respondent No. 1 refusing to refer the dispute in connection with termination of service of the petitioner for adjudication to a competent Court only on the ground of dispute been raised after considerable delay. 2. After hearing learned Counsel for the parties, I have gone through the material on record. 3. Since, the petitioner has also tried to explain the delay in raising the dispute and further so many disputed questions of fact and law are involved in the present case, adjudication could not have been denied to petitioner in such a casual manner. It is only a competent Court which can decide all such questions after evidence of both the parties and also grant appropriate relief to the concerned workman. 4. Accordingly, the writ petition is allowed. The impugned order dated 19.07.1996 is quashed and set aside. Respondent No. 1 is directed to refer the dispute in regard to termination of the service of the petitioner for adjudication to a competent Court within 30 days of the receipt of certified copy of this order.