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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Rameshwar – Appellant
Versus
Assi Engineer Dain Canal Sub Divi – Respondent
Order :
1. By way of filing of this petition, a challenge has been led to the impugned award dated 05.06.2013, by which the statement of claim submitted by the petitioner-workman (hereinafter referred as 'workman') has been rejected. Thereafter, an application was submitted by the workman for recall of the aforesaid order, however, the said application was also rejected vide order dated 24.04.2014.
2. The contents of the petition indicates that the services of the workman were terminated by the respondents on 30.05.1983 and the workman raised an industrial dispute after a delay of more than 20 years i.e. in the year 2005 and thereafter, he did not produce any evidence in support of his claim in-spite of seeking several opportunities, hence, under these circumstances, the Labour Court had no option except to reject the claim submitted by the petitioner for want of evidence and for delay in raising the dispute.
3. The aforesaid order was passed by the Labour Court on 05.06.2013, thereafter, the petitioner was sitting over the matter for a considerable period. After some delay, an application was submitted for recall of the aforesaid order, however, the said application was also rejected
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.
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.
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