Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH
Kurar Cooperative Agricultural Service Society Ltd. – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sanjay Vashisth, J.
Petitioner - Society, has filed the instant writ petition for seeking quashing of the impugned order of reference dated 09.08.1999 (Annexure P-4), passed by respondent No.2 - whereby, Addl. Labour Commissioner, Punjab, in exercise of the powers conferred by Section 2-A and Clause C of Section 10(1) of the Industrial Disputes Act, 1947 (for brevity, 'ID Act'), and vide Government Notification No.S053/CA14/47/S.39/88, dated 09.08.1988, referred the industrial dispute to the Labour Court, Patiala, for giving award within three months. Following question was referred for its adjudication:-"Whether the termination of services of worker Sh. Ravi Kumar by the management is justified and proper ? If not, what relief should be given to the worker."
2. By way of filing the present writ petition, petitioner - Society, submits that the same dispute was earlier considered by respondent No.2, and had concluded that no industrial dispute arises, and therefore, no reference was forwarded for its adjudication. Relevant part of the order dated 23.12.1993 (Annexure P-3), vide which, the reference was declined, is reproduced as under:-
"Sub:- Regarding Demand Notice dated 1.
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.
An industrial dispute must be actively pursued; significant delays in raising disputes can render them non-existent, impacting the ability to seek relief.
The existence or apprehension of an industrial dispute is a condition precedent for making a reference under Section 10(1) of the Industrial Disputes Act, and delay and laches can lead to the presump....
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 ....
The existence of industrial dispute is essential for making a reference, and mere delay in raising the dispute cannot be a ground for refusing to make a reference. The government's opinion about the ....
A significant delay in raising an industrial dispute can render it stale, even in the absence of a statutory limitation period.
Government while taking a decision on question of making reference, need not provide an elaborate opportunity of hearing to workman but it is under an obligation to consider his explanation for delay....
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
