TULA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Challenge in this petition is to an order dtd. 17/4/2012, whereby learned Labour Commissioner, Himachal Pradesh, declined to refer the grievances of the petitioner (industrial dispute) to the learned Labour Court/Industrial Tribunal.

(2.) In terms of the impugned order, learned Labour Commissioner took the view that the petitioner had worked with his employer i.e. Himachal Pradesh Public Works Department w.e.f. 1/1/1999 to 7/7/2005. He did not raise any dispute from 7/7/2005 to 6/3/2010. After remaining quite for more than four years, petitioner presented demand notice on 6/3/2010. According to learned Labour Commissioner, the dispute had faded with the passage of time and ceased to be in existence. Accordingly, prayer of the petitioner for referring the matter to the concerned Labour Court/Industrial Tribunal was declined.

(3.) This petition was instituted in the year 2017. Despite grant of umpteenth number of opportunities, respondents have not filed the reply. On 8/11/2019, following order was passed in the matter:-