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ANOOP KUMAR DHAND
Hari Charan Mali – Appellant
Versus
Assistant Engineer, Public Works Department – Respondent
ORDER :
Anoop Kumar Dhand, J.
Instant petition has been filed by the petitioner with the following prayer:-
(a) by issue of an appropriate writ, order or direction in the nature thereof quash and set aside the impugned award dated 27.08.2015 (Annexure-1) passed by the learned Labour Court, Bharatpur and grant the reliefs as prayed for by the Petition in his statement of claim and direct the Respondents to take the Petitioner in service with all consequential benefits of continuity in service and payment of all consequential benefits from the date of his termination from service i.e. 2/12/1989;
(b) award costs of this writ petition to the Petitioners; and
(c) award such other further relief/s, as may be deemed just and expedient in the facts and circumstances of the present so as to give full relief to the Petitioner."
2. Learned counsel for the petitioner submits that without any notice, services of the petitioner were terminated by the respondents in violation of Section 2 5f of the Industrial Dispute Act 1947. Counsel further submits that the petitioner raised the indus
Significant delay in raising an industrial dispute is fatal to the workman, justifying dismissal of claims under the Industrial Disputes Act.
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....
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....
An industrial dispute must be actively pursued; significant delays in raising disputes can render them non-existent, impacting the ability to seek relief.
Significant delay in raising an industrial dispute is fatal to the workman's claim, and stale disputes cannot be referred under Section 10 of the Industrial Disputes Act, 1947.
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