LAWS(P&H)-2009-5-174

THE DIVISIONAL FOREST OFFICER, SOCIETY FORESTRY NOW THE DIVISIONAL FOREST OFFICER (TERRITORIAL) Vs. KRISHNA AND ORS.

Decided On May 14, 2009
The Divisional Forest Officer, Society Forestry Now The Divisional Forest Officer (Territorial) Appellant
V/S
Krishna and Ors. Respondents

JUDGEMENT

(1.) IN the present writ petition, the challenge is to the award dated 11.05.2004 (Annexure P -l) passed by the Industrial Tribunal -cum -Labour Court, Rohtak, vide which the reference was answered in favour of the workman -respondent No. 1 holding her entitled to reinstatement on her previous post with continuity of service and 50% back wages from the date of issuance of demand notice dated 29.08.1998.

(2.) THE impugned award is dated 11.05.2004 and on being confronted with the question of approaching this Court after a delay of 5 years as the writ petition was filed on 12.05.2009, the counsel for the petitioner has referred to para -8 of the writ petition. The same is reproduced below:

(3.) COUNSEL for the petitioner has submitted that the delay in filing the writ petition has been explained. He submits that the explanation, as given for the delay, may be accepted and the writ petition be entertained. He further submits that there is no limitation prescribed for challenging the award of the Labour Court and, therefore, the Court may entertain the present writ petition.