Back
TARLOK SINGH CHAUHAN, VIRENDER SINGH
Bhag Singh, S/o. Tittar Ram – Appellant
Versus
State of Himachal Pradesh, Through Its Additional Chief Secretary (PW) To The Government of Himachal Pradesh – Respondent
ORDER :
The claim of the petitioner seeking Reference of the dispute to the Industrial Tribunal-cum-Labour Court, Dharamshala, was rejected by the Labour Commissioner by according the following reasons:-
Now, therefore, the undersigned while exercising the power vested under sub section 5 of Section 12 of the Act ibid and in exercising the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15 February 2014 carefully examined the report so received and come to the conclusion that Shri Bhag Singh s/o tittar Ram, had worked with the above employer since September 2001. He has raised the present demand notice on
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....
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....
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....
A stale industrial dispute cannot be maintained; the workman must demonstrate that the dispute remains alive despite delays, as established in Prabhakar v. Joint Director.
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.
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
