HEMANT GUPTA, ANJULI PALO, VIJAY KUMAR SHUKLA
Shailendra Kumar – Appellant
Versus
Divisional Forest Officer – Respondent
Gupta, C.J. --- 1. The matter has been placed before this Bench on a reference made by the Division Bench of this Court on 3.5.2017, wherein following question was referred for the opinion of this Court :
“Whether an intra-Court appeal under section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 would be maintainable against an order passed by learned Single Bench assailing an Award passed by the Labour Court?”
2. Since the issue is purely legal, therefore, the facts as are necessary for the decision of the present reference alone are given in brief. The said question arises out of the fact that the workman, the present appellant, raised an industrial dispute under section 10 of the Industrial Dispute Act, 1947. The learned Labour Court declined the reference, inter alia, on the ground that the reference has been sought after delay without any reasonable cause. A writ petition directed against the said order has been dismissed by the learned Single Bench on 16.1.2017 for the reason that the appellant has offered no explanation that the industrial disputes survive for 12 years. It is aggrieved by the said decision; the appellant has filed the pres
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