Rajasthan High Court - Jodhpur
Bhanwar Lal Acharya vs Union Of India & Ors on 1 July, 2011
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
:ORDER:
Bhanwar Lal Acharya
Vs.
Union of India & Others
(S.B. Civil Writ Petition No.5636/2011)
Date of Order July 01, 2011
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. Hemant Ballani for the petitioner.
BY THE COURT :
In this writ petition, the petitioner is challening the impugned communication dated 23.07.1998, Annex.-15, whereby, the appropriate Government refused to refer the dispute on the ground that the petitioner has raised the dispute at belated stage without furnishing adequate reason to justify the delay.
After hearing learned counsel for the petitioner, I am of the opinion that although no limitation is prescribed in the Industrial Disputes Act, 1947 for referring the industrial dispute by the appropriate Government to the Labour Court but glaring fact of this case speaks that the 2 petitioner is claiming relief for setting aside the termination of the petitioner's services with effect from 1969, for which, he raised dispute in the year 1995 and, ultimately, the appropriate Government refused to refer the dispute the the Judge, Labour Court vide Annex.-15 dated 23.07.1998.
In my opinion, at this belated stage no case is made out for interference because the petitioner is challening the validity of his termination of services made in the year 1969 and in the affidavit filed along with this writ petition he has shown his age as 45 years and if this age is accepted then, in the year 1969, the petitioner was only 4 years old.
In this view of the matter, this writ petition deserves to be dismissed solely on the ground of delay because the petitioner has challenged validity of the order of refusal of making reference by the appropriate Government vide communication dated 23.07.1998.
The writ petition is accordingly dismissed.
(Gopal Krishan Vyas) J.