A.K.SIKRI, ROHINTON FALI NARIMAN
PRABHAKAR – Appellant
Versus
JOINT DIRECTOR SERICULTURE DEPARTMENT – Respondent
JUDGMENT
A.K. Sikri, J
Delay condoned.
This special leave petition arises from the judgment dated June 06, 2011 passed by the High Court of Karnataka, Circuit Bench at Dharwad, whereby writ appeal of the Respondents (hereinafter referred to as the 'Management') herein was allowed resulting in setting aside the award of the Labour Court directing reinstatement of the Petitioner herein in service without back wages and other benefits, even when the said order was upheld by the Single Judge of the said High Court in the writ petition filed by the Management challenging the award.
2. We may state at the outset that the main factor with which the High Court has been influenced is that the Petitioner, whose services were terminated on April 01, 1985, raised the industrial dispute only in the year 1999, i.e. after a period of more than fourteen years. On the facts of this case, the High Court has held that there was no 'live' dispute and even when no period of limitation is provided for raising the disputes under the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') and provisions of the Limitation Act, 1963 are not applicable, there could not have been a reference at such
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