M KADIRVELU Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order dated 24th March, 2010 passed in W.P. No. 37500 of 2010, whereby learned Single Judge dismissed the writ petition holding that the order dated 10th March, 2004, passed by the 1st Respondent refusing 10 refer the dispute to the Central Government Industrial Tribunal-cum-Labour Court, Chennal needs no interference by this Court.

(2.) The Appellant claims to be a workman under the 2nd Respondent, Southern Railway having employed in the year 1975 as a casual labourer. However, after seven years, he came to be retrenched in the year 1992 because of the closure of the TP Shed, Arakonam. The case of the Appellant is that, by the closure of TP Shed, Arakonam, more than 400 workmen were thrown out of employment. Out of the total workmen, the cases of about 315 workmen were referred and the Petitioner/Appellant was also one among them. Therefore, he had to file a petition Under Section 2A once again on 21st Feb. 2003 for raising an industrial dispute and seeking reference to the Tribunal for adjudication.

(3.) The appropriate Government, after receiving the failure report dated 5th Nov., 2003, prima facie held that the Appellant raised the industrial dispute belatedly after a gap of almost 20 years without assigning any justifiable reasons for the delay. Hence, by order contained in letter dated 10th March, 2004. the appropriate Government refused to refer the dispute for adjudication, as the same is not maintainable. The said order was challenged in the aforementioned writ petition.