Inspector appointed under CG Industrial Employment (Standing Order) Act, 1961 has no jurisdiction to adjudicate dispute under the Act of 1961.

Inspector appointed under CG Industrial Employment (Standing Order) Act, 1961 has no jurisdiction to adjudicate dispute under the Act of 1961.

(1) The focal question falling for consideration is whether Inspector appointed under Section 15(2) of the Chhattisgarh Industrial Employment (Standing Order) Act, 1961 (henceforth ‘Act, 1961’) has power and jurisdiction to adjudicate the dispute under the Act, 1961 ?

(2) The petitioner is contractor working as material handling system service provider with the Bharat Aluminium Company Limited (henceforth ‘BALCO’) as per agreement dated 19.02.2011 executed between the BALCO and the petitioner-Company. The petitioner has taken contract for material handling for three years with BALCO from 01.05.2011 to 30.04.2014. Respondent No. 2 was working with the petitioner as Senior Operator since 01.05.2011.

(3) The petitioner issued show cause notice to the respondent No. 2 as he has misbehaved with the officers of the petitioner-Company on 1.6.2012, which is said to have been refused by him, thereafter, charge sheet was issued to him on 2.6.2012. The respondent No. 2 submitted his reply to the charge sheet, which was not found satisfactory. As the reply to the charge sheet was not found satisfactory, respondent No. 2 was placed under suspension on 12.06.2012 and he was also subjected to departmental enquiry followed by charge sheet. Respondent No. 2 filed a compliant on 25.08.2012 before the respondent No. 1- Assistant Labour Commissioner, Korba and Inspector under the Act, 1961 questioning the suspension.

(4) The Inspector under the Act, 1961, by its impugned order dated 22.11.2012, directed the petitioner-Company to reinstate the services of respondent No. 2 exercising power under Section 15 (2) of the Act, 1961, against which the instant writ petition has been filed by the petitioner- Company holding that power and jurisdiction of the Inspector under the Act, 1961 is not adjudicatory in nature and it shall be the duty of Inspector appointed under Section 15(2) of the Act, 1961 to ensure within the area of his jurisdiction, proper implementation of the provisions of this Act and the rules made there under and, therefore, order passed by the Inspector under the Act, 1961 is without jurisdiction and without authority of law and therefore, impugned order, being devoid of merit, deserves to be set aside.

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