KISHORI LAL Vs. OPIUM AND ALCOLOID FACTORY

JUDGEMENT

(1.) The decision rendered in this writ shall also govern disposal of other writs being W.P. Nos. 1940, 1941, 1942 and 1944 of 2000.

(2.) Having heard learned counsel for the parties and having perused record of the case, I am inclined to allow the writ and while quashing the order, dated 3/03/2000 (Annexure PI), remand the case to respondent No. 2 to reconsider the matter again in the light of recent decision rendered by the Supreme Court in the case reported in AIR 2000 SC 839 : 2000 (2) SCC 455 : 2000-I-LLJ-561.

(3.) In substance, the case of petitioner is that the Central Government by impugned order, declined to make reference to Labour Court/CGIT under Section 10 of ID Act for deciding the legality and validity of petitioner's termination only on the ground of delay. In other words, the Central Government declined to make the reference only on the ground of delay. It is contended that firstly the dispute raised is undoubtedly an Industrial Dispute capable of referring it to Court/Tribunal and secondly, it is not governed by any law of limitation as such and thirdly, it was very much alive/existed and hence, the same should have been referred for deciding it on merits one way or other.