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BHARGAV D. KARIA
State Of Gujarat – Appellant
Versus
Virubha Natubha Gohil – Respondent
JUDGMENT :
1. Heard learned AGP Mr Chintan Dave for the petitioner and learned advocate Mr B.J. Trivedi for the respondent no.1.
2. By this petition under Article 227 of the Constitution of India the petitioners have prayed for the following reliefs:
B. YOUR LORDSHIP may be pleased to issue a writ, order or direction in the nature of certiorari and/or any other writ in the nature of certiorari to quash and set aside the judgment and award dated 08.05.2019 passed in Reference (LCB) No.57 of 2011 passed by the learned Judge, Labour Court, Bhavnagar;
C. Pending admission, hearing and final disposal of the petition, YOUR LORDSHIP may be pleased to stay, implementation, operation and execution of the judgment and award dated 08.05.2019 passed in Reference (LCB) No.57 of 2011 passed by the learned Bhavnagar; Judge, Labour Court,
D. YOUR LORDSHIP may be pleased to grant such other and further relief as may be deemed fit and proper in the interest of justice.”
3. The brief facts of the case are as under:
3.1. the respondent no.1-workman was employed with the petitioner no.2 Deputy Executive Engineer, Shetrunji Left Canal Sub-
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
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....
In a case where Section 25-F of the Act applies the workman is bound to prove that he had been in continuous service of 240 days during twelve months preceding the order of termination; in a case whe....
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.
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 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 ....
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....
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
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