N.K.Sodhi, J.

1. Whether the residuary provisions of Article 137 of the Limitation Act, 1963 providing a period of three years of limitation apply to a reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter called the Act) and if they do not apply, whether delay is a valid ground to decline a reference under Section 10 of the Act are in essence the two questions of law which we are called upon to decide. The Motion Bench while admitting this petition has, of course, formulated the following six questions but when examined in their true perspective answers to these two questions will cover all of them:

1. Whether termination of services can be challenged after expiry of 3 years by raising an industrial dispute and seeking reference to Labour Court for its decision?.

2. Whether Articles 137 of the Indian Limitation Act, 1963 , would be applicable in case of dismissal of an employee who challenged it by raising an industrial dispute and dismissal can be challenged after expiry of three years ?.

3. Whether Articles 137 would be applicable to Labour Court or to Industrial dispute or Tribunals ?.

4. Whether the State can refuse to make reference to Labour Co