LAWS(HPH)-2012-3-407

STATE OF HIMACHAL PRADESH THROUGH ITS COMMISSIONER (LABOUR), H.P.,SHIMLA-1 Vs. SH. ROOP LAL S/O LATE SHRI MADAN LAL, R/O VILLAGE CHOWKI, P.O KHERA, TEHSIL SUNI, DISTRICT SHIMLA, H.P.,

Decided On March 29, 2012
State Of Himachal Pradesh Through Its Commissioner (Labour), H.P.,Shimla -1 Appellant
V/S
Sh. Roop Lal S/O Late Shri Madan Lal, R/O Village Chowki, P.O Khera, Tehsil Suni, District Shimla, H.P., Respondents

JUDGEMENT

(1.) THE learned Single Judge while deciding this case came to the conclusion that the State Government has no jurisdiction to refuse to make a reference. As far as this issue is concerned, the finding of the learned Single Judge is not correct, in view of the law laid down a Full Bench of this Court in CWP No. 1484 of 2007 titled Laiq Ram Vs. State of H.P. wherein this question was answered in the following terms: -

(2.) AS far as the second issue is concerned, according to the petitioner himself he was disengaged in December, 1990 and filed the demand notice in 2000 i.e after 10 long years. The petitioner remained silent for 10 years. There is no explanation as to why he kept quiet for this period. The dispute had become stale and had ceased to exist. In view of the above discussion the appeal is allowed. The writ petition is dismissed. No costs.