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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Manish Kumar Pandey – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. The petitioner has preferred this writ petition praying, inter alia, as follows: -
“(a) To issue in the nature of mandamus commanding the respondent no. 1 to set aside the order dated 28.06.2019 being annexure P-7 to this petition and direction be given to the said respondent to refer the matter before the appropriate forum for adjudication of the dispute.
b) A direction would be given to the concerned respondent to send the order of reference to the Central Government Industrial Tribunal after framing the issue for adjudication of the dispute between the writ petitioner as well as the respondent bank.
c) Writ in the nature of Certiorari, commanding the respondents to produce all the relevant documents in connection with the matter so that conscionable justice may be rendered, after setting aside the order dated 28.06.2019 being annexure P-7 to this application.
d) Rule NISI in terms of prayers (a), (b) and (c) above.
e) An interim order with a direction upon the concerned respondent to send order of reference in accordance with law to the appropriate Tribunal.
f) And pass any order or orders, direction or directions as Your Lordship may deem fit and prop
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
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....
Industrial disputes under the Industrial Disputes Act can be raised at any time; delay does not bar adjudication if the dispute remains valid and justiciable.
A significant delay in raising an industrial dispute can render it stale, even in the absence of a statutory limitation period.
The existence of industrial dispute is essential for making a reference, and mere delay in raising the dispute cannot be a ground for refusing to make a reference. The government's opinion about the ....
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