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2022 Supreme(Guj) 468

BIREN VAISHNAV
Bombay Minerals Ltd. Through B. M. Bharadiya – Appellant
Versus
Government Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Yogen N Pandya
For the Respondent: Mr. SP Majmudar, Ms Vyoma K Jhaveri, Rushabh H Munshaw

ORDER :

1. In all these petitions, the employer has challenged the order of Ministry of Labour & Employment, Government of India, passed under Clause (d) of sub-section 1 of Sub-section 2(A) of Section 10 of the Industrial Disputes Act, by which, the Central Government thought it desirable to refer the dispute as to whether the action of the Management in terminating / discontinuing the services of the respondent – workman with effect from 01.11.1999 was legal, just and proper to the Industrial Tribunal.

2 Mr.Yogen Pandya, learned counsel for the petitioner, would assail the order passed under Section 10 on the ground that it is admittedly the case of the respondent No.3 that his services were terminated on 01.11.1999 and the dispute regarding such termination has been raised after a period of 18 years. He would submit that though limitation may not apply stricto senso to the provisions of the Industrial Disputes Act, in the present case since there is a delay of more than 18 years, the orders of referring the dispute under Section 10 of the Industrial Disputes Act deserves to be quashed and set aside.

2.1 In support of his submission, Mr.Pandya, learned advocate, would rely on the de

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