JAGUBHA NATHUBHAS ZALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocate Mr.D.M.Thakkar for the petitioners, Mr.M.R.Shah for respondent no.1 and Mr.Bipin Mehta for respondent no.2. The petitions were argued at length and finally heard by the consent of the parties and the issue being common, both the petitions are disposed of by this common judgment.

(2.) In the first S.C.A.No.6634/99, the order under challenge is issued by the Ministry of Labour, Government of India refusing to refer the industrial dispute as the same had been raised after a lapse of more than 16 years without any justification for the long delay. In the second S.C.A.No.6641/99, the impugned order issued by the same authority is also one of refusing to refer the dispute as the same was raised after more than 9 years of the cause of action without any justifiable reasons for the long delay. There is no dispute about the fact that the disputes were raised by the petitioners- workmen after inordinate delay and that no plausible reason or justification to explain the delay was furnished on behalf of the petitioners. Therefore, the only common issue which arose for consideration was whether the impugned orders refusing to refer the dispute only on the ground of unjustified delay could be sustained.

(3.) In the scheme of the Industrial Disputes Act, the provisions contained in Section 10 of the Act for making of the reference provide that where an appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time by order in writing refer the dispute to the forum mentioned in that section. Section 12 of the Industrial Disputes Act, under the title " Duties of Conciliation Oficers" provides in sub-section [5] that where the appropriate Government does not make a reference, it shall record and communicate to the parties concerned its reasons therefor.