LAIQ RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) I have the privilege to go through the views of both my learned Brother Judges. Each of them has explored the law on the subject extensively. I agree with the view taken by Brother justice Deepak Gupta. However I would like to add that the Parliament, recently brought about radical amendments in the Industrial Disputes vide Act No. 24 of 2010; which inter alia provided a direct access, to Labour Court or Tribunal in case of dispute arising, out of Section 2 -A of the Act by amending it, by putting a time cap to seek redressal, by a workman of his "industrial dispute" which reads as under:" Amendment of Section 2 -A: Section 2 -A of the principal Act shall be numbered as sub -section (1) thereof and after subsection (1) as so numbered, the following sub -sections shall be inserted, namely:

(2.) THE above amendment received the assent of the President on 16th August, 2010 and published in the Gazette of India, Extra, Part II Section 1 dated 16th August, 2010, which provided another independent direct channel to the workman which is also independent of Section 10 of the Act, but putting a time cap limiting the period to seek relief so claimed.

(3.) THOUGH the Industrial Disputes Act, 1947 provides the machinery and procedure for the investigation of industrial disputes but with the passage of time and experience gained, judicial verdicts' and industrial relations policy of the Government the above change was necessitated by limiting the period within which a workman can directly approach the Industrial Tribunal/court. However, Chapter -III of the Act deals with reference of disputes to Boards, Courts or Tribunals and Section 10, particularly deals with reference of such disputes to it which does not prescribe any time limit, for making a reference of an "industrial dispute" but the appropriate Government has to form an "opinion" that any "industrial dispute" exists or apprehended, it may "at any time", by order in writing refer to it for its determination as provided in that Section. The words "opinion" and "at any time" occurring in this section are quite important to answer the reference in question.