BOC INDIA LTD. Vs. CONCERNED WORKMAN SHIBANI GHOSH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the petitioner submitted that he has challenged the impugned order passed by the Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 23/2004, whereby he was asked to decide an issue as to whether reference is bad under Section 2(k) of the Industrial Disputes Act, 1947 because the wife of the deceased workman was never in the employment of the management, hence, no industrial dispute exists, and as such, the reference is not maintainable. The second point, which was urged, was that the reference was made after a long delay, as the workman died in the year 1985, the dispute was raised on 25.1.2002 and the reference was made in 2004 and in that view of the matter, the dispute is stale and the reference is bad.

(3.) Learned counsel for the petitioner has relied upon a decision in the case of Nedungadi Bank Ltd. V/s. K.P.Madhavankutty, 2000 2 SCC 455, wherein it was held that although the Tribunal is to decide as to whether the dispute is stale but the High Court can look into the same. Learned counsel also relied upon a decision in the case of State of Jammu and Kashmir V/s. Sajad Ahmed Mir, 2006 5 SCC 766, wherein it was held that 15 years had passed from the date of the death of the applicant's father and the prayer for appointment on compassionate ground was refused.