GOPAL SINGH Vs. HINDUSTAN ZINC LTD

JUDGEMENT

(1.) BY the present writ petition, the petitioner -workman has challenged the impugned order (Annex -1) dated 23.8.2004 whereby application filed by the workman under Section 33 -C(2) of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as 'Act of 1947') dated 16.12.2002 for giving him the consequential benefits of Rs.20 lacs, has been rejected by the learned Industrial Tribunal, Udaipur.

(2.) LEARNED counsels for the parties at bar commonly submit that the issue regarding reference of industrial dispute in question against the alleged illegal termination of the workman itself has already been decided against the workman by this Court while allowing the writ petition filed by the respondent -employer being SBCWP No. 2995/1997 {M/s. Hindustan Zinc Ltd. v. Gopal Singh Sisodia), decided on 23.3.1992. The matter was taken by the workman up -to Hon'ble Supreme Court and his SLP No. 171/1993 was also dismissed by the Apex Court on 27.8.1992 vide Annex -R/4 on record. Thereafter in the second round of litigation, again the workman filed writ petition before this Court being again seeking reference of his dispute, which writ petition came to be dismissed by a coordinate bench of this Court on 2.4.2007 in the following terms: "I do not find any merit in the contentions so raised. It is not in dispute that the workman was terminated from service on 12.5.1973 and at the first instance he raised industrial dispute on 1.12.1983. The delay in raising the dispute was considered by this Court in earlier writ petition that came to be decided by the judgment dated 23.03.1992. This Court in quite unambiguous terms reached at the conclusion that the delay of 10 years in raising the dispute was unexplained and in normal course such stale matters cannot be referred for their adjudication. The finding given by this Court remained intact up to Supreme Court. Once this issue has been decided by the Court, it was not open for the appropriate government to reconsider the same, therefore, it rightly declined to refer the dispute. I do not find any merit in this petition for writ, accordingly dismissed. Sd/ - (Govind Mathur), J"

(3.) THE aforesaid judgment has become final. Thus, the learned counsel for the respondents urged that since the reference of industrial dispute itself has been turned -down finally by this Court, there was no justification of entertaining the application under Section 33 -C (2) of the Act of 1947; and the learned Tribunal has rightly dismissed the same by the impugned order Annex -1 dated 23.8.2004.