JASPAL SINGH Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL BATHINDA

JUDGEMENT

(1.) In the instant writ petition, petitioner has questioned the validity of the Labour Court award dated 22.11.2013 (Annexe P-1).

(2.) Petitioner is stated to have been appointed as a Conductor on 13.10.1983 and his services were terminated on 04.08.1987. Feeling aggrieved by the order of termination, petitioner filed a civil suit seeking a declaration. Suit was dismissed on 28.08.1993. Thereafter, he preferred an appeal and his appeal was also rejected in the year 1996. Faced with these facts and circumstances, petitioner resorted to raise an industrial dispute. In this regard, he has issued a demand notice on 18.10.2004 and Reference was decided by the Labour Court on 211.2013. Hence, the present petition in challenging the award passed by the Labour Court.

(3.) Learned counsel for the petitioner submitted that even though there is a delay in issuing demand notice, the same is condonable for the reasons that petitioner had pursued his right on an illegal advise by filing civil suit and appeal. It was further submitted that various Supreme Court decisions have held that delay would not come in the way of granting any relief to labourer under the Industrial Disputes Act, 1947.