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ANOOP KUMAR DHAND
Gopiram Yadav – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. dispute raised over 24 years post termination (Para 1 , 2) |
| 2. denial of reference due to delay (Para 3 , 4 , 5) |
| 3. arguments against delay as a barrier (Para 6 , 7 , 8) |
| 4. courts interpretation on government's discretion (Para 9 , 11 , 12 , 13) |
| 5. delay and staleness in claims (Para 14 , 15 , 16 , 17) |
| 6. existence of dispute considerations (Para 19 , 20 , 21) |
| 7. judicial examination of disputes (Para 22 , 23 , 24 , 25) |
| 8. discretion of government on references (Para 26 , 27) |
| 9. delay not absolute bar to reference (Para 28 , 29 , 30) |
| 10. order to refer dispute (Para 31 , 32) |
ORDER :
Anoop Kumar Dhand, J.
The legal issues involved in this petition is "Whether appropriate Government can refuse to make a Reference under Section 10 of the Industrial Disputes Act, 1947 on the ground of delay and latches? Whether the Government can take up the role of Adjudicating Authority while deciding the question as to whether a Reference be made or not?"
2. By way of filing this petition, the petitioner has challenged the validity of the impugned order dated 19.12.2011 by which the appropriate Government has refused to make Reference to the Labour Court on the ground of raising the dispute a
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
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 an industrial dispute at the time of Reference is essential, and delay in raising the dispute does not extinguish it.
An industrial dispute must be actively pursued; significant delays in raising disputes can render them non-existent, impacting the ability to seek relief.
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 ....
The existence or apprehension of an industrial dispute is a condition precedent for making a reference under Section 10(1) of the Industrial Disputes Act, and delay and laches can lead to the presump....
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....
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....
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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