RAMESH CHAND Vs. STATE OF H. P.

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following relief: "a) That appropriate writ, order or direction may very kindly be issued and the impugned order dated 3103 2023, Annexure P4 passed by the Deputy Labour Commissioner, Himachal Pradesh may very kindly be quashed and set aside by further direction to the respondents to refer the dispute to the Labour CourtCum Industrial Tribunal, in the interest of Law and justice."

(2.) Brief facts necessary for the adjudication of the present petition are that as per the petitioner, he was engaged as a daily wage beldar in the office of respondent No.4 on 1/8/1997. His services were wrongly terminated in the month of August, 2000. The petitioner raised an industrial dispute in this regard in terms of Demand Notice (Annexure P1), which was submitted in the month of February, 2021. His grievance is that rejection of his Demand Notice by the Deputy Labour Commissioner in terms of the impugned order dtd. 31/3/2023 (Annexure P4), inter alia, on the ground that raising the alleged industrial dispute after more than twenty years without any justification or delay seems to be afterthought for getting reinstatement in Government employment, was bad in law as once the petitioner had issued a Demand Notice, the Appropriate Government was bound to make Reference to learned Labour Court for adjudication thereof.

(3.) Learned counsel for the petitioner has argued that the Deputy Labour Commissioner erred in rejecting the Demand Notice of the petitioner on the ground that the same was stale as he erred in not appreciating that the petitioner was time and again taking up the issue with the Authority concerned and it was only after the petitioner found that no positive response was coming from the Government that he raised the Demand Notice.