Advocates:
Advocate Appeared:
For the Appellant :Mr. M.K. Dogra, Advocate
For the Respondent:Mr. Anil Bansal, DAG, Punjab Mr. Raj Kaushik, Advocate and Mr. Piyush Aggarwal, Advocate

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 1.8.93.

It is clarified by taking your attention towards above demand notice dated 1.8.93 that demand made in this is not fit for reference for adjudication, because your service has been terminated by the management after conducting complete inquiry.

Sd/-

Addl. Labour Commissioner, for Labour Commissioner Punjab."

3. One legal submission raised by counsel for the petitioner - Society, is that, once the demand notice had already been decided by saying that no industrial disputes exists, as per settled proposition of law, same demand notice could not be reconsidered for its reference to the Labour Court for adjudication.

This way, through present writ petition, petitioner - Society, raised two major legal issues, i.e.;

(i) Whether respondent No.2 (Labour Department) is justified in making the reference second time, without giving liberty of hearing to the petitioner - Society ?

(ii) Whether the Government is justified in making reference in delayed and stale claims for adjudication ?

4. On the previous date of hearing i.e. 25.04.2024, counsel representing respondent No.4 - workman, relied upon the judgment of the Hon'ble Apex Court rendered in M/s Avon Services Production Agencies (P) Ltd. vs. Industrial Tribunal, Haryana and others, 1979 AIR (Supreme Court) 170 : Law Finder Doc Id #104709, and submitted that the law laid down by the Hon'ble Apex Court still holds the field. Thereupon, counsel for the petitioner - Society, sought an adjournment to go through the said case law cited by counsel for respondent No.4.

Order dated 25.04.2024, says as under:-

Learned counsel for respondent No.4 relies upon the judgment of Hon'ble the Apex Court, titled as 'M/s Avon Services Production Agencies (P)Ltd. Vs. Industrial Tribunal, Haryana and others', 1979 AIR (Supreme Court) 170, Law Finder Doc ID #104709, and submits that the second reference is maintainable and there is no bar to decide the dispute, once the same has been referred by the Office of Labour Commissioner, after due application of mind.

Learned counsel for the petitioner seeks some time to go through case law cited by the counsel for respondent No.4.

Adjourned to 06.05.2024."

5. Today, Mr. M.K. Dogra, learned counsel for the petitioner - Society, submits that against the proposition of law as cited in M/s Avon Services Production Agencies (P) Ltd. 's case (supra), he could not lay his hand on any other judgment.

6. The relevant paragraphs No.6, 7 & 8 of M/s Avon Services Production Agencies (P) Ltd. 's case (supra), are reproduced as under:-

"6. Section 10(1) of the Act confers power on the appropriate Government to refer at any time any industrial dispute which exists or is apprehended to the authorities mentioned in the section for adjudication. The opinion which the appropriate Government is required to form bef