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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Gyanchand Bhargav S/O Shri Kalyan Prasad – Appellant
Versus
Director – Respondent
Order :
1. By way of filing this writ petition, a challenge has been led to the impugned award dated 25.09.2024 passed by the Labour Court, Kota (hereinafter referred to as “the Labour Court”) in LCR Case No.95/2003.
2. By passing the impugned award, the Labour Court has rejected the statement of claim submitted by the petitioner- workman (hereinafter referred to as “workman”) against his termination order dated 16.09.1985. The Labour Court has rejected the statement of claim on the ground of delay as the dispute was raised by the workman after a delay of 15 years inasmuch as his services were terminated by the respondents vide order dated 16.09.1985 while the dispute was raised in the year 2003 and no justification was provided by the workman neither before the Conciliation Officer nor before the Labour Court.
3. Learned counsel for the petitioner has tried to justify the delay on the ground that the Labour Court was supposed to decide the claim only on the basis of the material available on the record but ignoring the same, the Labour Court has rejected the claim of the petitioner on a technical count of delay and not on merits.
4. Heard and considered the submissions made at Bar and
Significant delay in raising an industrial dispute is fatal to the workman, justifying dismissal of claims under the Industrial Disputes Act.
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.
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....
The court emphasized the importance of timely raising of disputes and the applicability of compensation in lieu of reinstatement in cases of delay.
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