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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Rajeshwar Prasad Singh S/o Late Ramjiwan Singh – Appellant
Versus
Union of India Rep. through Ministry of Labour & Employment, New Delhi – Respondent
ORDER :
1. The present writ petition has been filed for quashing the letter no. L-20012/16/2022-IR(CM-I), dated 23rd March, 2022 (Annexure-8 to the present writ petition), whereby the respondent no. 1 has erroneously declined to refer the dispute for adjudication to the Central Government Industrial Tribunal No. 1, Dhanbad. Further prayer has been made for issuance of direction upon the respondent no. 1 to refer the dispute with respect to regularisation of services of the petitioner to the Central Government Industrial Tribunal No. 1, Dhanbad within specified period.
2. Heard learned counsel for the parties and perused the materials available on record.
3. It appears that the petitioner-Ex-Havildar having Personnel No. 212113 was appointed on 7th June, 1979 in the service of the respondent no. 4. Charge-sheet dated 2nd March, 2010 under Clause 19(6) of the Company’s (i.e. respondent no. 4) Certified Standing Orders was issued to him for negligence of duty. The petitioner participated in the inquiry, which culminated in his dismissal from service of the respondent no. 4 w.e.f. 8th May, 2010. However, on the request of a recognized union i.e. Rashtriya Colliery Mazdoor Sangh, the manag
The court held that a prior withdrawal of an application under Section 2A of the Industrial Disputes Act precludes a subsequent reference of the same dispute for adjudication.
The existence of an industrial dispute at the time of Reference is essential, and delay in raising the dispute does not extinguish it.
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
Government reference of an industrial dispute is not subject to individual limitations under the Act, affirming workman's status despite apprenticeship.
Section 2-A of Act reads as dismissal, etc., of an individual workman to be deemed to be an industrial dispute.
A government's refusal to refer an industrial dispute for adjudication based on purported lack of service continuity without exploring all relevant circumstances is improper.
A significant delay in raising an industrial dispute can render it stale, even in the absence of a statutory limitation period.
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