LABOUR COMMISSIONER Vs. DHARAM PAL

JUDGEMENT

(1.) This appeal by the State is directed against the judgment of a learned Single Judge of this Court, dated 21.5.2007, whereby the learned Single Judge allowed the writ petition filed by the workman, respondent No.1 herein, and directed the respondent- State to make a reference to the Labour Court-cum- Industrial Tribunal with regard to the dispute raised by the workman.

(2.) According to the workman, he was employed as a daily rated Beldar in January, 1983 and he continued working with artificial breaks upto December 1994 when his services were terminated. Thereafter, the petitioner raised a demand in the year 1999 and prayed that a reference be made to the Labour Court-cum- Industrial Tribunal for deciding the dispute between him and the State. The stand of the State is that in fact the workman had worked only from 26th July, 1984 to 25th April 1985 and, therefore, the dispute which was raised in the year 1999 was stale and had ceased to exist and as such no reference could have been made. The workman has not placed on record any cogent material to show that he actually worked after the year 1985. There is no explanation as to why he kept silent after 1985. The learned Single Judge held that the State Government had no power to refuse to make a reference on the ground that the claim was belated.

(3.) It would be pertinent to mention that the question 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 was referred to a larger Bench in CWP No.1486 of 2007, titled Liaq Ram versus State of H.P. and others, and other connected matters. The questions were answered by the majority by holding as follows: