STATE Vs. SHANKAR LAL

JUDGEMENT

(1.) With the consent of the learned counsel appearing for the respective parties this matter is finally heard and disposed of.

(2.) Services of respondent No. 1, who was Chowkidar in Command Area Development, Kota, were terminated by order dated May 30, 1983. He raised the dispute of his termination before the Conciliation Officer by an application dated September 13, 1993. The matter has been referred to the labour Court for consideration of the industrial dispute including the question of delay of 10 years in raising the dispute. The labour Court, by its order dated June 26, 2000 has directed reinstatement of respondent No. 1 but has not granted back-wages from May 30, 1983 to September 13, 1993 and granted only 30% back wages from September 13, 1993 onwards as the petitioner has not approached the Labour Court immediately after the services have been terminated and approached the service Tribunal after 10 years. Aggrieved by the said order the petitioner has filed the present writ petition in this Court.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner at the very initial stage has raised an objection for raising an industrial dispute after .10 years and thus, the labour Court should not have condoned the delay. It is further submitted that no reference should have been made to the labour Court after the delay of 10 years.