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A. S. SUPEHIA, MAUNA M. BHATT
VALLABHBHAI GANGARAM VAMZA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. The present appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the judgment and order dated 09.10.2018 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has allowed the writ petition and set aside the award dated 12.06.2014 passed by the Labour Court, Rajkot in Reference (LCR) No. 126 of 2008, wherein the Labour Court partly allowed the reference with the direction to the employer to reinstate the workman i.e. the present appellant without continuity of service however, without back wages.
2. It is the case of the appellant that he was illegally terminated on 31.03.1999. It is also not in dispute that he raised an industrial dispute with regard to his termination in the year 2008, which culminated into the Reference (LCR) No. 126 of 2008.
3. Before the Labour Court, it was contended that he was working as a Clerk and appointed in the year 1983 and he worked regularly till 31.03.1999. A specific contention was raised by the respondent-State authorities that there has been delay in raising the industrial dispute however, the Labour Court has allowed the reference proceedings by observing that the term
An industrial dispute must be actively pursued; significant delays in raising disputes can render them non-existent, impacting the ability to seek relief.
Point of Law - There is no limitation prescribed under the Act for making a reference under Section 10(1) of the ID Act, yet it is for the “appropriate Government” to consider whether it is expedient....
In absence of any evidence produced by the petitioner workman establishing that he had worked under the Respondent continuously for 240 days and, coupled with the fact that the industrial dispute has....
A significant delay in raising an industrial dispute can render it stale, even in the absence of a statutory limitation period.
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....
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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