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ANOOP KUMAR DHAND
Gopiram Yadav – Appellant
Versus
State of Rajasthan – Respondent
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 after 24 years of termination.
3. The petitioner/workman herein raised an industrial dispute contending that he was engaged as 'Beldar' on 01.02.1985 and worked on that post till 28.12.1986. His attendance was marked in muster rolls and he has worked for more than 240 days in a calendar year but on 28.12.1986 his services were terminated orally without any notice or payment of one month's wages. It was pleaded that no seniority list was prepared. Hence, his services were terminated against the provision of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947'). The case of th
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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