Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws:Industrial Disputes Act, 1947 - ss. 10(1) and 25F - Delayed raising of dispute by the workman - Challenging his termination as violative of s. 25F - Reference of Dispute - Claim rejected on the sole ground of delay despite holding that termination was violative of s. 25F - By Labour as well as High Court - On appeal, held: Reference wrongly invalidated on the sole ground of delay - As the Reference was made by the Government and the Labour Court held that termination was violative of s. 25F - The remedy available to the employer was to challenge the Reference itself by way of Writ Petition - In view of long lapse of time and in absence of explanation for delay, employer directed to pay Rs.60,000 as full and final settlement.Delay - In seeking reference to Industrial Tribunal - Determination of - Held: Would depend on the facts of each case.Appellant-workman, made a claim after 6 years of termination of his service by the respondent-Board, on the ground that the termination was in violation of section 25-F of Industrial Disputes Act. State Government made the reference to Labour Court u/s 10(1) of the Act Labour Court, though held that the termination was in violation of Section 25F, answered the reference in favour of the employer-Board on the ground that the claim was highly belated. The Writ Petition thereagainst was also dismissed confirming the order of Labour Court.In appeal to this Court the question for consideration was whether the reference of the workman could be rejected on the sole ground of delay when Government itself made reference for adjudication of the dispute. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 988 |
Petitioner | Karan Singh |
Respondent | M/s Executive Engineer Haryana State Marketing Board |
SCR | [2007] 10 S.C.R. 425 |
Judgement Date | 2007-09-28 |
Case Number | 4561 |
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