THAKAR RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) To assail validity, correctness and propriety of the award dated 26.6.2008 passed by the Labour Court, Sriganganagar, this petition for writ is preferred.

(2.) Learned Labour Court while answering the reference made to it by appropriate government vide notification dated 25.5.2006 held that termination of the workman by the employer Assistant Engineer, Ghagghar Irrigation Sub Division, Hanumangarh was not bad in view of the fact that the workman failed to prove continuous service and also for the reason that the workman raised the dispute after a lapse of 10 -11 years.

(3.) While assailing validity of the award aforesaid the contention of counsel for the Petitioner workman is that the Industrial Disputes Act, 1947 nowhere prescribes limitation for raising industrial dispute, therefore, the issue of delay taken into consideration by the Labour Court is absolutely unwarranted. It is also urged that the Labour Court failed to appreciate that on inclusion of leaves and holidays available the workman completes the continuous service as required to seek protection provided under Sec. 25F of the Act of 1947.