PUNJABHAI NARANBHAI MALAM Vs. KESHOD NAGARPALIKA

JUDGEMENT

(1.) The petition has been filed by the petitioner under the award dated 01.01.2019 passed by the Labour Court, Junagadh, whereby the Reference being (T) (LCJ) No. 29 of 2011 preferred under Section 10(1)(C) of the Industrial Disputes Act has been dismissed.

(2.) As per the case of the petitioner, he was appointed as a daily wager Plumber by the respondent on 26.03.1992, and his services came to be terminated on 01.07.1997 without following the due process of law. The petitioner, therefore, had raised an industrial dispute which was referred to the Labour Court, Junagadh, where it was registered as Reference (T) No. 29 of 2011. The said Reference Case has been rejected by the Labour Court on the ground that the petitioner had raised the industrial dispute after the delay of about 14 years. Being aggrieved by the said order, the present petition has been filed.

(3.) Learned advocate Mr. Gohil for the petitioner has submitted that the petitioner had filed a suit before the Civil Court, Keshod, and thereafter a writ petition before the High Court, and thereafter had filed the Reference before the Labour Court, and therefore the delay had occurred. According to him, the respondent has illegally terminated the services of the petitioner without following the due process of law, and the delay should not come in his way in raising the dispute.