Back
SUBRATA TALUKDAR, RABINDRANATH SAMANTA
General Manager – Appellant
Versus
R. Alangaram – Respondent
JUDGMENT :
SUBRATA TALUKDAR, J.
1. This appeal arises out of the Order of the Hon’ble Single Bench dated 17th of December, 2019 in WP No. 268 of 2019. By the said impugned order, the Hon’ble Single Bench permitted the present respondents, who are employees of Andaman & Nicobar Island Integrated Development Corporation Limited (for short the ANIIDCO), to receive the benefit of the Office Memorandum dated 7th June, 1988 entitling the respondents to receive their arrear benefits for the period between 1994 to 2000 during which they worked as casual labour (at the rate of 1/30th of the minimum pay scale plus dearness allowance) before being subsequently regularised by ANIIDCO w.e.f. 2000.
2. The primary question which arises in this appeal and also arose before the Hon’ble Single Bench is whether the claim of the present respondents, as stated above, is barred by delay and/or is stale. A related question also arises in this appeal as to whether the present respondents are fence-sitters and hence not eligible to the relief as claimed under the Memo dated 7th of June, 1988.
3. Ms. Anjili Nag, Learned Counsel appearing for the appellants, the General Manager, ANIIDCO Limited, would submit tha
It is again on issue of delay where there is no express provision for it. Whereas, in the present case, there is express provision providing limitation to prefer a Reference / claim before the Labour....
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
A stale industrial dispute cannot be maintained; the workman must demonstrate that the dispute remains alive despite delays, as established in Prabhakar v. Joint Director.
The absence of a prescribed time limit for making a reference to the Labour Court should be considered in conjunction with general principles of delay and laches, and the plea of delay, if raised by ....
Principle of jurisprudence that a right not exercised for a long time is non-existent. Even when there is no limitation period prescribed by any statute relating to certain proceedings, in such cases....
A significant delay in raising an industrial dispute can render it stale, even in the absence of a statutory limitation period.
Courts cannot interfere in a matter after passage of a certain length of time.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
