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RAJIV SHAKDHER
Rakesh – Appellant
Versus
J. m. j. Signage – Respondent
ORDER
Preface: -
1. This writ petition is directed against the award dated 12.02.2018 passed by the concerned labour court in LIR No. 3538/17. The principal grievance of the petitioner is, that the labour court has ruled on the reference made to it, although, he had made a plea for withdrawing the reference.
2. The record shows that the petitioner advanced the plea for withdrawing the reference on two grounds.
2.1 First, that his name had been wrongly recorded as "Rakesh" in the reference whereas his name is "Rakesh Ghosh" on the aadhar card.
2.2 Secondly, the name of his employer i.e. the respondent herein had been recorded in the order of reference as "J.M.J. Signage" whereas the correct name was "JMJ Signage (Print India)".
Background facts: -
3. Before I deal with the pleas advanced by the learned counsel for the parties, it may be relevant to note the following broad facts and circumstances, which led to the institution of this writ petition.
3.1 The petitioner claims that he was employed by the respondent in 2010 and worked as a field worker at monthly wages of Rs. 12,000/-. It is also averred that the petitioner worked for nearly 12 hours a day.
3.2 In support of his plea, the petiti
The ad judicatory authorities under the Industrial Disputes Act are not bound by the technical rules of procedure as in civil actions.
The court ruled that under the Industrial Disputes Act, the petitioner could withdraw an improperly referenced case to ensure due process, affirming the need for correct identification in legal proce....
Delay in filing a reference does not preclude adjudication on merits, especially when the dispute remains alive.
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.
A significant delay in raising an industrial dispute can render it stale, even in the absence of a statutory limitation period.
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....
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 ....
Rule 12 of Assam Industrial Disputes Rules, 1958 stipulates as to how proceedings before Labour Court/Tribunal are to be conducted.
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