EXECUTIVE ENGINEER, NATIONAL HIGHWAY PUBLIC WORKS DEPARTMENT, TONK & ANTHER Vs. SHRI MADAN LAL GURJAR SON OF MEVA RAM GURJAR, C/O TONK ZILA PWD EMPLOYEES UNION, TONK

JUDGEMENT

(1.) The Labour Court Award Dated 22.09.2016 is under challenge before this court in this present writ petition.

(2.) A look on the terms of the reference shows that the State Government referred two points to be examined by the labour court (i) Whether raising of dispute after 15 years was justified and legal? (ii) if he delay was justified then whether the removal/termination w.e.f 01.11991 was justified and legal?

(3.) The labour court on the first issue solely relied on the judgments passed by the Apex Court in the case reported in 2001 (5) SLR SC 198 and 2006 SCC(L&S) 702 and has given a finding that the delay in approaching the Labour court after 15 years was justified. Such a finding is not based on any factual aspect and is only on the basis on the legal preposition laid by the Apex Court.