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MOHAMMAD RAFIQ, SANDEEP SHARMA
Lachhi Ram, S/o. Sh. Paras Ram – Appellant
Versus
Deputy Labour Commissioner, To The Government of Himachal Pradesh, Shimla – Respondent
ORDER :
Being aggrieved and dissatisfied with order dated 16.1.2021, passed by Deputy Labour Commissioner, Himachal Pradesh, whereby prayer made on behalf of the petitioners herein to refer the dispute to the Labour Court-cum Industrial Tribunal for adjudication, came to be declined on the ground of delay, petitioners have approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein following main relief(s):-
(ii) Issue a writ of mandamus or other appropriate writ or directions by directing the respondent No.1 to refer the dispute to Ld. Labour Court for adjudication as done in the other similar situated person’s case”.
2. Precisely, the facts of the case as emerge from the record are that the petitioners herein had been working as resin extractor with respondents No.2 and 3 w.e.f. dates, as detailed in para-2 of the petition. Allegedly, in March 2004, the services of the petitioners came to be terminat
Point of Law : whether or not the industrial dispute exists or is apprehended in the meaning of Section 10(1) of the Act can be decided by the appropriate Government alone and not by any other author....
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 ....
Point of Law : Industrial dispute - Reference to labor Court - Delay of 6 years - Cannot be condoned as no explanation whatsoever offered by the petitioner as to why it did not assail the order rejec....
The appropriate Government must assess the existence of an industrial dispute and cannot refuse reference solely based on delay; delay is a relevant factor but does not automatically negate the power....
A workman must pursue industrial disputes within a reasonable time; undue delay without satisfactory explanation can render the dispute non-existent, as established in Supreme Court precedents.
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 absence of a prescribed time limit for making a reference to the Labour Court should be considered in conjunction with general principles of delay and laches, and the plea of delay, if raised by ....
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