The absence of limitation for the appropriate Government to make a reference of the dispute to the Labour Court under section 10 of the Industrial Disputes Act.

Rohit Arya, J.

This writ petition under Article 227 of the Constitution of India, at the instance of the College of Agriculture, Gwalior previously known as Nehru Krishi Mahavidyalaya (hereinafter referred to as the 'Management') is directed against the award dated 29/03/2012 passed by the Labour Court No.1, Gwalior in reference case No. 31/A/IDAct/2010 while answering the reference made by the State Government vide order dated 13/08/2010 whereby directed the petitioner/Management to pay arrears of salary and other benefits with effect from 01/02/2001 to 26/11/2010, i.e., the amount due to the respondent/workman. There is no order for reinstatement of the respondent/workman as he had already completed 62 years, i.e., the age of superannuation attained on 26/11/2010.

2. The terms of reference is quoted here in below:

^^D;k Jh ikrhjke firk Jh vksNkjke us laLFkku esa o"kZ esa 240 fnu dk;Z fd;k gS\ ;fn gkWa rks lsok fu;qDr dk fd;k x;k lsok i`Fkdhdj.k oS/k ,oa mfpr gS\ ;fn ugha rks os fdl lgk;rk ds ik= gSa] ,oa bl laca/k esa fu;ksDrk dks D;k funsZ'k fn;k tkuk pkfg,\**

3. The aforesaid award has been passed in the background of the facts that the respondent/workman worked with the petitioner/Management since February, 1976 but his services were discontinued with effect from 01/02/2001, i.e., after about 25 years. The respondent/workman's date of birth is 26/11/1948 as recorded in the Management's attendance register.

4. The respondent/workman claimed to have worked on the post of Chowkidar. The post of Chowkidar is described at Sl. No. 65 in the schedule appended to the Madhya Pradesh Work Charged/Contingency Paid Employees Rules, 1977. It is submitted that as per State Government's order dated 20/01/2000, the age of superannuation of Class IV employees is increased to 62 years. On 10/02/2004, the workman made a representation to the petitioner/Management to allow him to perform his duties upto the age of 62 years. Thereafter, on 07/01/2005, complaint was made to EPF Commissioner for non-release of the dues as regards the provident fund and other benefits. Having heard nothing from the Management to join the duties and the EPF Commissioner in response to the aforesaid representation and complaint, the respondent/workman filed W.P. (S) No. 1906 of 2005 (Patiram v. State of MP and another) before this Court. Though, the aforesaid writ petition was dismissed vide order dated 01/03/2006, however, the writ appeal No. 323 of 2009 arising out of the writ Court's order was permitted to be withdrawn by the workman with liberty to approach the appropriate forum vide order dated 21/08/2009. Accordingly, the workman took recourse to the machinery provided for under the Industrial Disputes Act (hereinafter referred to as the 'I.D. Act') and upon failure of the conciliation proceedings, the State Government referred the aforesaid quoted dispute for adjudication before the Labour Court No. 1, Gwalior.

5. The statement of claim filed by the workman is on record as Annexure P/2.

6. The respondent No. 2/Management i.e., Jawaharlal Nehru Krishi Mahavidyalaya filed written statement on 21/10/2011. The written statement so filed bears averments of the nature of formal denial of the averments made in the statement of claim. In paragraph 2, it is stated that the workman was a seasonal employee, hence, I.D. Act was not applicable. In paragraph 11A, it is denied that the employee had worked for more than 240 days in a calender year, hence, not entitled for the relief claimed. The conduct of the employee was bad and, therefore, he was rightly terminated from the service. Apart from these assertions, there is no reply to the contentions raised in the statement of claim to the effect that the workman has worked from the year 1976 to the year 2001 and after the year 2001, he was not allowed to perform his duties. Discontinuance is without any notice and opportunity to the workman. No retrenchment compensation was paid and no departmental enquiry was held agai