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 rejecting the Reference within a reasonable time.

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:-

Whereas an alleged industrial dispute was claimed by Shri Bhag Singh, S/o. Shri Tittar Ram, R/o. VPO Balh Jolli, Tehsil Joginder Nagar, District Mandi, H.P. against the Executive Engineer, H.P.P.W.D. (B&R) Division, Joginder Nagar, District Mandi, H.P. and, whereas, the Labour Inspector-cum-Conciliation Officer, Joginder Nagar, District Mandi vide report dated 17-02-2014 as provided in Section 12(4) of the Industrial Disputes Act, 1947 has submitted that the alleged dispute could not be settled during conciliation proceedings.

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 dated 03-10 2013 after about 6 years without explaining any reason for delay. It can be concluded that he was not aggrieved by time to time termination during 2002-2007. Therefore, the present demand notice seems to be an after thought after about 6 years for the purpose of regularization. There is no fresh cause of action to raise an issue after about 6 long years. Thus, it can be concluded that the present dispute has faded away with the passage of time and is no more in existence. Hon'ble High Court of H.P. in CWP No. 398/2001-titled M.C. Paonta Sahib vs. State of H.P. & Others has held the similar view which was further upheld by the Full Bench of the Hon'ble Court in CWP 1486 of 2007 titled Liaq Ram vs. State of H.P. Since he has produced no evidence in support of his statements and not given any reason for an inordinate delay of about 6 years for raising the issue. Therefore, the facts and circumstances of the case do not warrant a reference to the Ld. Labour Court/ Industrial Tribunal for adjudication. All concerned be informed accordingly.

2. Aggrieved by the aforesaid order, the petitioner has filed the instant petition for grant of following relief:-

(a) The Hon'ble Court may kindly set aside and quashed the order 19.12.2014 (Annexure P-5) and pass the direction to respondent No. 2 to refer the case of petitioner for adjudication to the Ld. Labour Court, Dharamshala.

3. It is not in dispute that the Reference in the instant case was filed belatedly after 6 years and what would be the effect of such delay is not required to be examined in light of the judgment rendered by the Hon'ble Full Bench in CWP No. 2190 of 2020, titled as Shri Jai Singh vs. State of H.P. & Ors., and other connected matters, decided on 30.03.2022, wherein the following principles were culled out as to the effect of delay in demanding/making Reference of the industrial dispute to the Labour Court/Industrial Tribunal under Section 10(1) of the Act:-

(i) That the function of the appropriate Government while dealing with question of making reference of industrial dispute under Section 10(1) of the Act, is an administrative function and not a judicial or quasi judicial function.

(ii) That the Government before taking a decision on the question of making reference of the industrial dispute has to form a definite opinion whether or not such dispute exits or is apprehended.

(iii) That 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 authority including by this Court.

(iv) That the appropriate Government in discharging the administrative function of taking a decision to make or refuse to make, reference of the industrial dispute under Section 10(1) of the Ac