RADHEY LAL PRADEEP KUMAR Vs. SHYAM LAL

JUDGEMENT

(1.) The petitioner employer by this writ petition impugns the award dated 5th November, 1999 of the Labour Court on the following reference:

(2.) The respondent workman has not challenged the award. The petitioner employer aggrieved therefrom preferred the present petition. Vide ex parte order dated 20th September, 2001, while issuing notice of the petition, the operation of the award was stayed subject to the petitioner employer depositing Rs.50,000.00 with the Registrar of this Court. Subsequently, on 5th March, 2002, it was informed that the said sum of Rs.50,000.00 had been deposited by the petitioner employer. On 2nd September, 2004, Rule was issued in the petition and the sum of Rs.50,000.00 directed to be kept in fixed deposit and the interim order in terms of the above made absolute till the disposal of the petition. As per records, the sum of Rs.50,000.00 had a maturity value of Rs.71,000.00 as on 1st October, 2009.

(3.) The counsel for the petitioner employer has at the outset contended that the reference ought to have been decided against the respondent workman and in favour of the petitioner employer for the reason of the long delay of 20 years by the respondent workman in raising the dispute. The Labour court has held the delay to have been explained for the reason of the petitioner employer having initiated criminal prosecution of the respondent workman and in which the respondent workman was acquitted approximately two years prior to raising the dispute. This was held to be sufficient explanation for the delay in raising the dispute.