The court established that stale industrial disputes cannot be referred for adjudication under Section 10(1) of the Industrial Disputes Act, reinforcing the need for timely action on disputes.

JUDGMENT :

A.S. SUPEHIA, J.

1. The present appeal is directed against the judgment and order dated 27.08.2021 passed by the learned Single Judge in Special Civil Application No. 736 of 2010 wherein and whereby, the learned Single Judge has allowed the writ petition filed by the Union and has quashed and set aside the communication dated 20.11.2009 whereby, the appropriate Government has refused to make a reference under Section 10(1) of the Industrial Disputes Act, 1947. By the order dated 20.11.2009, the appropriate Government has refused to refer the dispute for adjudication on the ground that the dispute has been raised after a lapse of 17 years and is belated and stale. The learned Single Judge has quashed and set aside such decision.

2. At the outset, learned Senior Advocate Mr. R.R. Marshall appearing for the appellant- ONGC by placing reliance on the decision of the Supreme Court in the case of Nedungadi Bank Ltd. vs. K.P. Madhavankutty and others, (2000) 2 SCC 455, has submitted that the stale case cannot be referred by the appropriate Government and the same is appropriately done however, the learned Single Judge has quashed and set aside the said communication dated 20.11.2009.

3. Learned Senior Advocate Mr. R.R. Marshall has submitted that initially, there was an industrial dispute of appellant- ONGC with its employees, 269 in number, who were appointed for seasonal work of survey which culminate into reference proceedings. He has submitted that before the Labour Court, it was reduced to 189 and ultimately, when the dispute landed before the Supreme Court, the issue of regularisation was confined to only 153 seasonal workers. It is submitted that the name of the respondents were not included in those 153 workmen and after the Supreme Court passed the said order, the dispute has been raised seeking regularisation of the services, after they completed 240 days in the years 1984-85, 1985-86, 1986-87, 1987-88, 1988-89, 1989-1990 and 1990-91. Thus, it is submitted that this vital aspect has not been appropriately dealt with by the learned Single Judge and hence, it is urged that the said judgment and order may be quashed and set aside.

4. Vehemently opposing the present appeal, the learned advocate Mr.Rajesh Mankad appearing for the respondent-Union has submitted that all the respondents have completed 240 days in the years 1984-85, 1985-86, 1986-87, 1987-88, 1988-89, 1989-1990 and 1990-91 and since the issue got finally settled by the Supreme Court, they made a demand before the appropriate Government however, the same was rejected by the impugned communication dated 20.11.2009 and hence, the workmen were constrained to file the writ petition. Learned advocate Mr.Rajesh Mankad by supporting the findings of the learned Single Judge has submitted that it is settled legal proposition that while considering the demand/ dispute raised by the workmen, appropriate Government cannot adjudicate the same and hence, it was not open for the appropriate Government to reject the demand for regularisation of services of 13 workmen. It is submitted that the respondents-workmen along with other workmen, total 269 in numbers had raised the issue of regularisation before the Tribunal. However, the Tribunal had confined the same only to 153 workmen and ultimately, the Supreme Court has issued the direction with regard to 153 workmen and since the present workmen are identically situated to those 153 workmen, they cannot be denied the benefit of regularisation. Thus, it is urged that the present appeal may not be entertained.

5. We have heard the learned advocates appearing for the respective parties. It is not in dispute and is an established fact from the pleadings that all the respondent- 13 workmen were appointed as seasonal workers for doing geological and geophysical surveys for the exploration of petroleum. It is the case of the workmen that all of them have completed 240 days in the years 1984-85, 1985-86, 1986-87, 1987-88, 1988-89, 1989-