MAHADEO PRASAD GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 19.2.87 passed by Hon'ble Single Judge of this Court in S.B. Civil Writ Petition No. 799/1986.

(2.) FACTS necessary for the adjudication of the appeal briefly stated are that the present appellant employee Mahadeo Prasad Garg applied to the State of Rajasthan for making a reference to the appropriate Industrial Tribunal or Labour Court under the provisions of Section 10 of the Industrial Disputes Act, 1947. This application was rejected by the State Government on the ground that no dispute exists. The petitioner, thereafter, made a further representation requesting the State Government to reconsider the question of making reference and on rejection of that representation in October '85 filed the above mentioned Writ Petition on 21st of December '85. By the impugned order the Hon'ble Single Judge of this Court, rejected the petition merely on the ground of laches, observing that there being no provision for making such second representation after the Government refuses to make a reference, the making of reference was unnecessary and the petitioner is, therefore, guilty of laches. This judgment and order is impugned in this appeal.

(3.) IT is then contended by the learned counsel for the appellant -petitioner that even the representation was made in view of the decision of this Court that the Government is not powerless to reconsider its decision, if so requested by way of a representation. He, therefore, contended that though there is no statutory provision for making such a reference, making of one such representation cannot invite the blot of being guilty of laches in the manner attributed to the petitioner by the learned Single Judge.