Industrial disputes under the Industrial Disputes Act can be raised at any time; delay does not bar adjudication if the dispute remains valid and justiciable.

ORDER :

SANJAY PRASAD, J.

1. Heard Mr. Raunak Sahay, learned counsel for the petitioner-company, however, none appears for the State.

2. This writ petition has been filed on behalf of the petitioner-company for the following reliefs:-

(i) For the issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Certiorari for quashing the Notification of Reference dated 19.03.2025 (Annexure “9” to the writ application) whereby and whereunder the appropriate Government has referred the dispute with respect to the discharge of the Respondent Workman from service for adjudication before the learned Labour Court, Jamshedpur, although the said dispute is not maintainable and the reference is invalid in view of the fact that the dispute is hopelessly stale having been raised after a delay of over 10 years and thus, the Reference is not legal, valid and is not maintainable.

And/Or

(ii) For issuance of a further appropriate writ/writs, order/orders, direction/directions to hold and declare that the dispute is hopelessly stale and is thus not maintainable and hence the reference is not valid in law

And/Or

(iii) During the pendency of the instant writ application, all further proceedings in Reference Case No. 05 of 2025 now pending in the Court of the learned Presiding Officer, Labour Court, Jamshedpur, may kindly be stayed/kept in abeyance;

And/Or

(iv) For issuance of such other writ(s), order(s) or direction(s) as this Hon’ble Court may think just and proper in the facts and circumstances of the case doing conscionable justice to the petitioner.

3. It reveals from the pleadings of this writ petition that the State Government has referred the industrial dispute, raised by the Workman, under Section 10 (1)(c) of the Industrial Disputes Act, 1947 (14 of 1947). The Governor of Jharkhand has been pleased to refer the said dispute for adjudication to the learned Labour Court, Jamshedpur.

In exercise of powers conferred under Sub-section (2A) of Section 10 of the said Act the Governor of Jharkhand was further pleased to specify a period of three months from the date of receipt of the Reference within which the Labour Court, Jamshedpur shall submit its Award in the dispute to the State Government.

4. The Term of Reference is as follows:-

“Whether, the termination of Shri Ramesh Kumar Roy (Ex P. No.-124160) by the management of M/s Tata Steel Ltd, Jamshedpur is justified? If not, what relief he would be entitled to”?

5. Thereafter, the learned Presiding Officer, Labour Court, Jamshedpur has issued Notice (i.e. Annexure-10) to the petitioner-company to appear before the Court on 28.04.2025 to participate in the proceeding thereof otherwise the case will be heard ex-parte.

6. Thereafter, the petitioner has filed the instant writ petition before this Court on 11.06.2025, which was registered on 20.06.2025.

7. Learned counsel for the petitioner- company submitted that Reference made by the State Government, vide Notification dated 19.03.2025 as contained in Annexure-9, is illegal, arbitrary and not sustainable in law.

It is submitted that the Reference is hopelessly barred by limitation and it has been referred after a delay of more than 10 years.

It is submitted that the Respondent No.3-Workman was a habitual absentee and for which a domestic enquiry was conducted and he was held guilty of misconduct and he was dismissed/ removed from the services in the year 2013, however, the Workman- Respondent No.3 raised an Industrial Dispute vide letter dated 05.01.2024 (i.e. Annexure-2) after a delay of more than 10 years although the order of discharge