Ithad Motor Transport (P) Ltd. vs Bir Singh And Ors. on 10 January, 1973
In H.M. Venkatachaliah v. State of Mysore (1969) 36 FJR 28 : (1970) Lab IC 501 (Mys), the dispute of the workman was not referred to the Industrial Tribunal. A contention was raised that where a dispute was raised at an extraordinarily belated stage it was within the discretion of the Government to refuse to make a reference. In that case the petitioner while he was an employee of the Mysore Government Road Transport Department was dismissed from service on 13th August, 1957. Mysore State Road Transport Corporation was established on 1st August, 1961. The employees of the department were entitled to opt for service in the Corporation. The petitioner having been dismissed earlier to the setting up of the Corporation, option for service in the Corporation was not made available to him. The dispute which the petitioner sought to be referred to the Tribunal was concerning his prayer for reinstatement in service under the Corporation for which purpose he made an application on 6th June, 1962. The Government dismissed the application on two grounds, namely, (1) that the petitioner had ''no case in law" and (2) that he should have approached the Corporation earlier. The petitioner challenged the order by a writ petition. Dealing with the contention of delay, the Mysore High Court observed at page 29: