HARNAM SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal arises out of an order made by the High Court quashing the reference made to the Labour Court/industrial Tribunal in exercise of the powers under Section 10 of the Industrial Disputes Act. The question referred to the Labour Court/industrial Tribunal is as follows:

(2.) This reference was challenged before the High Court on the ground that the Government had not taken note of the contentions raised by the respondents that the appellants before us were not working under them and their claim was related in spite of a specified reference thereto in the report of the Conciliation Officer. Secondly, that the reference proceeds on the assumption that the appellants were workmen under the respondents and their services were terminated without any notice, charge-sheet, enquiry and compliance of Section 25-F of the Industrial Disputes Act.

(3.) We are surprised to note in this matter that the High Court should have proceeded to examine the original records of the Conciliation Officer and that of the Government to arrive at a decision to find that when the petitioners have disputed the claim that they were working under them, the Government ought to have made a reference to that question. Apart from that, the Government has completely ignored the fact that the contesting respondents had invoked the provisions of the Industrial Disputes Act more than 12 years after the alleged termination of service, when they have not given any explanation whatever, for the inordinate delay. When there is unexplained delay, the Government ought to have taken that as a relevant factor. When the Government has failed to do so, it is certainly open to exercise our jurisdiction under Article 226 of the Constitution of India.