SURESHBHAI MAKANBHAI PAL Vs. SECTION OFFICER SATHRA SECTION

JUDGEMENT

(1.) The petitioner-workman was serving as a Labourer in the Sathra Sec. under the respondents from 1/11/1996 and it is his case that he was illegally terminated in December, 2000. Thereafter, he raised industrial dispute in the year 2019, which culminated into Reference (LCB) No.42 of 2019. After placing reliance on various judgements, vide impugned order dtd. 29/11/2021 passed by the Labour Court, Bhavnagar, the reference is rejected on the ground of delay, as the dispute has been raised after a period of 19 years.

(2.) Learned advocate Mr.Chintan Gandhi is unable to dispute the fact that the industrial dispute has been raised after a period of 19 years by the petitioner-workman. In support of his submission, he has placed reliance on the judgement of the Apex Court in the case of U.P. Electricity Board vs. Rajesh Kumar , 2003 (12) S.C.C. 548.

(3.) At this stage, it would be apposite to refer to the decision of the Supreme Court on the aforesaid decision in the case of Prabhakar vs. Joint Director Sericulture Department , AIR 2016 SC 2984, on which reliance is placed by the Labour Court. The Apex Court, after survey of various judgments on the issue, has held thus:-