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2024 Supreme(Online)(GUJ) 10596
HIGH COURT OF GUJARAT
MR. JUSTICE HEMANT M. PRACHCHHAK, J
DHULABHAI SOMABHAI DAMOR – Appellant
Versus
DEPUTY EXECUTIVE ENGINEER – Respondent
R/SPECIAL CIVIL APPLICATION NO. 4530 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 4540 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 4559 of 2024
MS. RACHNA PASTORE(14483), SWAPNESHWAR GOUTAM(9051), MS SURBHI BHAT AGP, MR NIRAJ SHARMA AGP
Delay in raising industrial disputes can bar relief, as courts may refuse claims based on principles of laches and acquiescence.
Headnote:(A) Constitution of India - Articles 226 and 227 - Industrial Disputes Act, 1947 - Challenge to awards of Labour Court - Petitioners' services terminated in 1985, references filed after 23 years - Labour Court dismissed references for want of prosecution - Petitioners failed to establish timely raising of industrial dispute - Delay deemed fatal to claims. (Paras 1, 2.3, 6, 10, 11)
(B) Delay in raising industrial disputes - No universal time limit prescribed, but unreasonable delay can bar relief - Courts may refuse relief based on principles of laches and acquiescence. (Paras 4.1, 4.3, 8)
(C) Existence of industrial dispute - Must be demonstrated that dispute is alive despite delay; otherwise, it is treated as non-existent. (Paras 4.3, 9)
Facts of the case:
The petitioners were terminated from service in 1985 and filed references in 2008 after a significant delay, which the Labour Court dismissed for want of prosecution.
Findings of Court:
The Labour Court's dismissal of the references was upheld, as the petitioners failed to provide a satisfactory explanation for the delay in raising the dispute.
Issues: The main issues were the timeliness of the references filed by the petitioners and whether the delay barred their claims.
Ratio Decidendi: The court ruled that the petitioners' failure to raise the industrial dispute within a reasonable time, coupled with the lack of a valid explanation for the delay, rendered their claims non-existent.
Result: Petitions dismissed.
ORAL ORDER
1. Present petitions are filed by the petitioners under Articles 226 and 227 of the Constitution of India and under the provisions of the Industrial Disputes Act, 1947 challenging the awards dated 4.1.2023 passed by the Labour Court, Godhra, in Reference (T) Nos. 101 of 2008 under Exh.23, 102 of 2008 under Exh.23 and 100 of 2008 under Exh.24, seeking below mentioned relief/s:-
"SCA No.4530 of 2024:-
6(A) This Hon’ble Court be pleased to admit and allow this petition
(B) This Hon'ble Court be pleased to issue a writ of mandamus or any other writ in the nature of mandamus by quashing and setting aside the order dated 04.01.2023 in Ref. No. 101 of 2008 passed under Exh. 23 by the learned Labour Court, Godhra, at Annexure-‘A’
(C) Pending admission, hearing and final disposal of this Petition, Your Lordships may be pleased to stay the implementation, execution and operation of the Impugned Order dated 04.01.2023 passed by Ld. Labour Court, Godhra in Reference (T) No. 101 of 2008, at Annexure-A;
(D) Call for record and proceeding
(E) An ex-parte ad interim relief in terms of prayer (C)
above may be granted, and
(F) Grant such other and further relief(s) as may be deemed fit in the interest of justice and equity.
SCA No.4540 of 2024:-
6(A) This Hon’ble Court be pleased to admit and allow this petition
(B) This Hon'ble Court be pleased to issue a writ of mandamus or any other writ in the nature of mandamus by quashing and setting aside the order dated 04.01.2023 in Ref. No. 102 of 2008 passed under Exh. 23 by the learned Labour Court, Godhra, at Annexure-‘A’
(C) Pending admission, hearing and final disposal of this Petition, Your Lordships may be pleased to stay the implementation, execution and operation of the Impugned Order dated 04.01.2023 passed by Ld. Labour Court, Godhra in Reference(LCD) No. 102 of 2008, at Annexure-A;
(D) An ex-parte ad interim relief in terms of prayer (C)
above may be granted, and
(E) Grant such other and further relief(s) as may be deemed fit in the interest of justice and equity.
SCA No.4559 of 2024:-
6(A) This Hon’ble Court be pleased to admit and allow this petition
(B) This Hon'ble Court be pleased to issue a writ of mandamus or any other writ in the nature of mandamus by quashing and setting aside the order dated 04.01.2023 in Ref. No. 100 of 2008 passed under Exh. 24 by the learned Labour Court, Godhra, at Annexure-‘A’
(C) Pending admission, hearing and final disposal of this Petition, Your Lordships may be pleased to stay the implementation, execution and operation of the Impugned Order dated 04.01.2023 passed by Ld. Labour Court, Godhra in Reference(LCD) No. 100 of 2008, at Annexure-A;
(D) An ex-parte ad interim relief in terms of prayer (C)
above may be granted, and
(E) Grant such other and further relief(s) as may be deemed fit in the interest of justice and equity.”
2. The facts giving rise to present petitions are that all the three petitioners came to be appointed on 24.4.1984, 25.1.1982 and on 19.1.1984 respectively by the respondent.
2.1 The services of the petitioners came to be terminated by the respondent on 18.7.1985, 30.4.1985 and 17.6.1985. Therefore, all the petitioners have challenged the said orders of termination vide Reference (LCV) No. 998 of 1986 which was dismissed for default without any order on merits
2.2 Thereafter, on 15.4.2008, 21.4.2008 and on 11.4.2008, the petitioners have filed a complaint before the Labour Commissioner along with the application for condonation of delay. After filing of the complaint, the reference being Reference (T) No. 101 of 2008, 102 of 2008 and 100 of 2008 was made before the Labour Court, Godhra by the Labour Commissioner.
2.3 The Labour Court, Godhra, after hearing the parties and after taking into account all the relevant aspects and after evaluating the evidence placed on record has passed orders dated 4.1.2023 dismissing the reference filed by the respective petitioners.
2.4 Being aggrieved and dissatisfied with the dismissal of the referenc
