KAPOOR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appropriate government vide order annexure "p/3" had declined to refer the dispute to the authority constituted under the Industrial Dispute Act 1947. Reasons in the annexure "p/3 is as under "The dispute has been raised belatedly i.e. after a lapse of 8 years of the cause of action without explaining any justified reasons for the delay".

(2.) EVEN though the view is that the appropriate government is not to go into the merits of controversy, the Supreme Court of India has observed that if the claim is made at a belated stage, then appropriate government can reject the same.

(3.) IN Bombay Union of Journalists V. The State of Bombay, AIR 1964 S.C. 1917, Justice Gajendergadkar ( as his lordship then was) while dealing with the power of the government to make or refuse a reference under section 10(1) road with Section 12 (5) of the Act observed as under "But it would not be possible to accept the plea that the appropriate government is precluded from considering even prima facie the merits of the dispute when it decides the question as to whether its power to make a reference should be exercised under Section 10 (1) read with section 12 (5) or not. If the claim made is patently frivolous, or is clearly belated, the appropriate government may refuse to make a reference." (emphasis supplied).