BHAGA RAM Vs. H.P.STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioners have filed this writ petition against the order dated 17.3.2004 Annexure P-4 passed by Respondent No. 2. A perusal of this order shows that reference has been refused by the said Respondent on two grounds namely, that Petitioners alongwith other persons named in it had not completed 240 days continuously in preceding 12 months to their termination and the dispute having been raised after 10 years, without giving proper justification for such delay.

(2.) According to Shri Khidta, on both these counts, reference could not have been refused. Thus the order is bad in law and after it is set aside, appropriate directions need to be issued to Respondent No. 2 for referring the matter under Section 12(5) of the Industrial Disputes Act, 1947 to the Labour Court.

(3.) When put to notice, Respondents have filed reply. In its reply, Respondent No. 2 has justified the passing of order on the above grounds while deciding reference. Similar is the stand of Respondent No. 1. Additionally it is also stated that by claiming belated reference, both the Petitioners are trying to now revive a stale claim, which by their own act and conduct they did not want to subsist.