LIAQ RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The present writ petition along with other writ petitions and connected Letters Patent Appeals [LPAs, arising in reference to different orders passed by learned Single Judge of this Court in respective writ petitions)], are to be adjudicated. Keeping in view the decisions of this High Court, different High Courts as well as Supreme Court from time to time, this High Court (DB), while hearing the Writ Petition No.1486 of 2007, has been pleased to refer vide its order dated 14.11.2007, the following question of law for adjudication by a larger Bench: - Whether the State Government while exercising powers under Section 10(1) of the Industrial Disputes Act, is precluded from deciding the question as to whether the claim made by a workman is stale or not?

(2.) FOR adjudicating the above question, the facts of each and every writ petition and LPAs are not being given separately. For brevity, the facts of only writ petition No.1486 of 2007 are being mentioned to deal, adjudicate and answer the question of law referred above.

(3.) LEANED counsel for the parties, who were either aggrieved by the non reference of the dispute under section 10 (1) of the ˜Act or being aggrieved by refusal of reference of the dispute in reference to Section 10 (1) of the ˜Act, have endeavoured to make their submissions, on one side, whereas, the State Government has endeavoured to justify the respective decisions taken by the State authorities in each case respectively on the other side.