G L N SHASTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ application filed under Articles 226 and 227 of the Constitution of India the petitioner prays for quashing of the award passed by the Labour Court, Bokaro Steel City, Dhanbad (Respondent No. 2) in Reference Case No. 1 of 1975, a copy of which is Annexure 11 to this application.

(2.) It appears that by Government Notification No. III/D1-1807/74 L and E-780 dated the 26th February, 1975, the following dispute was referred to the Industrial Court for decision:

(3.) A primary objection was raised by the Management of the Kumardhubi Engineering Works Limited (Respondent No. 3), by which the jurisdiction and competency of the present reference by the State Government was challenged. Accordingly this primary point was heard and has been decided under the impugned annexure against the workman who is the petitioner before this Court. It has been held that the reference was made without any dispute being raised by the employee with the employer, and so it was incompetent. It has also held that there was extraordinary delay of more than two years in raising the dispute.