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M. K. THAKKER
Piyushbhai Manilal Patani – Appellant
Versus
Assistant Archaeology Director – Respondent
JUDGMENT :
M. K. Thakker, J.
1. Rule returnable forthwith. Learned AGP Ms.Surbhi Bhati waives service of notice of Rule on behalf of respondent no.1 and 2.
2. With the consent of both the parties, this matter was heard finally.
3. This petition is filed under Article 226 and 227 of the Constitution of India with following prayers:
4. Brief facts arising for consideration of this petition is that petitioner was working with the respondent as a part time employee form the year 1991 to1996 and thereafter from 1996 to 2004 petitioner worked for District Panchayata, Bhadra, Ahmedabad and upto 07.03.2006 petitioner worked with the office of the Director of Archaeology Department. The petitioner as per the statement of claim was working for more than 8 hour
Delay in filing a reference does not preclude adjudication on merits, especially when the dispute remains alive.
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 ....
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....
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.
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
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 ....
A workman must pursue industrial disputes within a reasonable time; undue delay without satisfactory explanation can render the dispute non-existent, as established in Supreme Court precedents.
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
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