LAWS(P&H)-2009-4-343

THE DIVISIONAL FOREST OFFICER (TERRITORIAL) Vs. THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ANR.

Decided On April 23, 2009
The Divisional Forest Officer (Territorial) Appellant
V/S
The Presiding Officer, Industrial Tribunal -Cum -Labour Court And Anr. Respondents

JUDGEMENT

(1.) IN the present writ petition, the challenge is to the award dated 01.06.2006 (Annexure P -1) passed by the Industrial Tribunal -cum -Labour Court, Rohtak, vide which the reference was answered in favour of the workman -respondent No. 2 holding him entitled to reinstatement on his previous post with continuity of service and 50% back wages from the date of receipt of the reference i.e. 17.09.2001.

(2.) THE impugned award is dated 01.06.2006 and on being confronted with the question of approaching this Court after a delay of 2 years 8 months as the writ petition was filed on 11.02.2009, 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.