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2008 DIGILAW 1545 (BOM)

Sunita w/o Mahadeo Athawale, aged about v. Bharat Sanchar Nigam Ltd.

2008-10-23

B.P.DHARMADHIKARI

body2008
JUDGMENT Heard finally. 1. It is apparent that Assistant Labour Commissioner, Central . I Nagpur has erroneously refused to exercise jurisdiction available to him. This Court has given liberty to petitioner to raise her claim and accordingly she raised her claim before BSNL and as her grievance was not redressed she again resorted to Conciliation Machinery. The conciliation Officer therefore, ought to have registered the proceedings and proceeded further in accordance with law. Advocate Mehadia in defence has argued that this court 2 has granted liberty when ever respondents will provide work to labourer like petitioner. He invites attention to order dated 11.9.2007 on which petitioner is placing reliance to show that by said order sanction has been awarded for creation of 12 posts in Group D. He contends that in view of this position it is apparent that there was no cause action in favour of petitioner even to approach respondents and then to approach the Conciliation. 2. I find that that is not the reason given by Assistant Labour Commissioner, Central I Nagpur for refusing to exercise jurisdiction. Reason putforth is entirely different. Advocate Mehadia states that he wants to rely upon earlier judgment in the matter and he contends that this would be third round of litigation between the parties. It is apparent that Conciliation Officer has to register the conciliation, call for reply of respondents and thereafter take appropriate decision in accordance with law in the matter on the subject. The facts which have been pressed into service by Advocate Mehadia before this court are not relevant at this stage. 3. Accordingly, impugned order dated 24.4.2008 is hereby quashed and set aside. Said Officer i.e. respondent no.3 is hereby directed to register conciliation proceedings and to proceed further in accordance with law. Rule accordingly. No order as to cost. Ordered accordingly.