HARI SINGH HADA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is aggrieved against the order dated 1. 7. 1995 (Annexure-18) whereby the industrial dispute in regard to termination of services of the petitioner have been declined to be referred to the appropriate court. THE refusal has been made on the ground that the dispute/reference has been raised after 7 years and that the petitioner had not completed 240 days of service in one calendar year and that the employer had not violated the provisions of Sections 25 (g) and 25 (f) of the Industrial Disputes Act.

(2.) THE State of Rajasthan by the impugned order has decided the dispute on merits so far the alleged violation of Section 25 (g), 25 (h) and about the fact whether there is violation of Sec. 25 (f) of the Industrial Disputes Act or not on completion of 240 days are concerned.

(3.) RELIANCE is placed on the judgment of the Supreme Court in Gurmail Singh vs. Principal, Govt. College of Education (1), wherein in the case of delay of 8 years in raising an industrial dispute, questioning termination, it was held that the delay would not wipe out dispute and industrial dispute will continue for adjudication even though it is belatedly raised. The only question would be to deprive back wages for the period of delay in raising such a dispute if on merits it is to succeed. The declining of the relief by the Labour Court and the High Court was set aside by the Apex Court and the workman was reinstated with 50% of the back wages.