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M. K. THAKKER
Barwala Municipality Through Chief Officer – Appellant
Versus
Gujarat Rajya Sudharai Kamdar Sangh – Respondent
JUDGMENT :
M. K. THAKKER, J.
1. The present petition is filed under Article 14, 16 and 226 of the Constitution of India challenging the award passed by the learned labour court in reference (LCA) D No.21 of 1999 dated 08.04.2003 and the order passed in Miscellaneous Application No.156 of 2015 in Miscellaneous Application No.250 of 2004 in reference (LCA) D No.21 of 1999 dated 19.03.2009.
2. The petitioner Municipality has challenged the award passed in favour of the respondent workman by which the directions were issued to regularise the services of the respondent from the date of their initial appointment as a sweeper. The aforesaid award is passed on 30.12.1999. During the proceedings of the hearing before the learned labour Court the learned labour Court has issued notice to the present petitioner however, no one remained present either during the conciliation or for the hearing before the learned labour Court. Before the learned labour Court the workman was examined namely Jasuben Galiyal who deposed in her chief examination that she was serving with the petitioner Gram Panchayat since last 7 years from the date of filing of reference. Her working hours were morning 6:00 a.m. to 1
The court emphasized that government departments must adhere to limitation periods and cannot claim undue advantages due to bureaucratic delays, reinforcing the principle of diligence in legal procee....
Delay in filing a reference does not preclude adjudication on merits, especially when the dispute remains alive.
The Labour Court does not become functus officio after the award has become enforceable, as far as the ex parte award is concerned. It is within the powers of the Labour Court/Tribunal to entertain a....
Courts cannot interfere in a matter after passage of a certain length of time.
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 ....
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