SHASHI KALA JEATTALVAR Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the learned Single Bench on 30.01.2018 whereby the dispute referred for adjudication regarding termination of the services of the workman on 02.12.1992 was found to be delayed as the appellant raised the dispute after 11 years of his dismissal.

(2.) Learned counsel for the appellant argued that once reference has been made by an appropriate Government, then the question of delay cannot be raised to defeat an Industrial Dispute which is required to be decided in terms of the reference made. Reliance is placed upon a judgment of Single Bench (Chief General Manager vs. Rajnoo, (2017) 2 MPLJ 149).

(3.) The services of the appellant were terminated on 02.12.1992 and for 9 years thereafter, the appellant has not raised a little finger except filing an appeal on 30.01.2001 against the order of dismissal. It is thereafter, the appellant sought to raise an Industrial Dispute. Learned Single Bench relied upon Supreme Court judgment (Prabhakar v. Sericulture Department, (2015) 15 SCC 1) wherein it has been held that thought the law of limitation does not apply to the proceeding under the Industrial Disputes Act, but it has to be shown by the workman that there is a dispute in presenti. It is required to be demonstrated that even if considerable period has lapsed and there are laches and delays, such delay has not resulted into making the Industrial Dispute cease to exist.