In Brief
A railway worker, initially appointed in Gujarat, was removed from service in 1991 but was later reinstated by the Supreme Court without back wages. Years later, after tendering voluntary retirement, he sought retirement benefits. When the employer did not respond, he raised an industrial dispute through his union. The Assistant Labour Commissioner rejected the dispute on jurisdictional grounds. The Supreme Court held that the Government cannot refuse to initiate conciliation on jurisdictional grounds—it must refer the matter to the appropriate Tribunal, which will then decide if it has jurisdiction. The petition was allowed and the Commissioner's order was quashed.
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