BINDESHWARI MAHTO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) It is submitted by the learned counsel for the petitioner that the matter has been refused to be referred for Industrial dispute only because the matter of employment of the dependant of the workman was raised after 25 years. The Central Government has stated that the matter is stale and no dispute exists. The petitioner has submitted that the Government has no power to look into the matter as to whether the reference was stale or delayed or not. He has relied upon a decision in the case of Shahaji V/s. Executive Engineer, P.W.D., 2007 115 FLR 675.

(3.) On the other hand, learned counsel, appearing for the management, has submitted that it is a case of compassionate appointment and time and again it was held that if the compassionate appointment dispute is not raised within the time, the same cannot be raised after a long delay and the Hon'ble Supreme Court in many cases has held that after the delay of 4-5 years, no reference can be made. He has relied upon a decision in the case of Reserve Bank of India V/s Gopinath Sharma, 2006 6 SCC 221, wherein it is held that no reference can be made after the matter has become stale.