BACHANI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONERS were engaged from various dates. They have completed 240 days in each calendar year. They were retrenched without complying with the provisions of Industrial Disputes Act, 1947. Persons junior to them were retained and have been regularized. Petitioners raised industrial dispute giving therein the details of the persons junior to them, who were retained and regularized. The matters were referred to the Labour -cum -Conciliation Officer. The Labour Commissioner has declined to make reference to the Labour Court -cum -Industrial Tribunal on the ground of delay and laches in raising industrial dispute. According to the Labour Commissioner the matters have become stale and thus could not be referred. According to the Labour Commissioner, the demand notices were vexatious and frivolous and there was no justification to refer the disputes to the Labour Court -cum -Industrial Tribunal.

(2.) THE Court is of the considered view that taking into consideration that the persons junior to the petitioners have been retained and regularized as per the details given in para 7 of the petition, the matter has not become stale. Respondent -employer has also made fresh recruitment without considering the cases of the petitioners. These actions of the respondent -State were violative of Section 25(G) and (H) of the Industrial Disputes Act, 1947.

(3.) THE question of delay and laches can be seen at the time of moulding the relief by the Labour Court -cum -Industrial Tribunal.