LAWS(RAJ)-2023-8-199

GOPIRAM YADAV Vs. STATE OF RAJASTHAN

Decided On August 17, 2023
Gopiram Yadav Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The legal issues involved in this petition is "Whether appropriate Government can refuse to make a Reference under Sec. 10 of the Industrial Disputes Act, 1947 on the ground of delay and latches? Whether the Government can take up the role of Adjudicating Authority while deciding the question as to whether a Reference be made or not?"

(2.) By way of filing this petition, the petitioner has challenged the validity of the impugned order dtd. 19/12/2011 by which the appropriate Government has refused to make Reference to the Labour Court on the ground of raising the dispute after 24 years of termination.

(3.) The petitioner/workman herein raised an industrial dispute contending that he was engaged as 'Beldar' on 1/2/1985 and worked on that post till 28/12/1986. His attendance was marked in muster rolls and he has worked for more than 240 days in a calendar year but on 28/12/1986 his services were terminated orally without any notice or payment of one month's wages. It was pleaded that no seniority list was prepared. Hence, his services were terminated against the provision of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947'). The case of the petitioner is that he was illiterate and he requested the respondent/employer to reinstate him back in service but except assurance no steps were taken for getting him back in service.