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1 - 10 of 18 (0.24 seconds)The Industrial Disputes Act, 1947
Section 2A in The Industrial Disputes Act, 1947 [Entire Act]
Article 226 in Constitution of India [Constitution]
The Limitation Act, 1963
Section 4 in The Industrial Disputes Act, 1947 [Entire Act]
Raghubir Singh vs Gen.Manager,Haryana Roadways,Hissar on 3 September, 2014
25) In Raghubir Singh v. General Manager, Haryana Roadways, Hissar 16,
this Court scanned through most of the available case law on the subject
and emphasized that the words 'at any time' occurring in Section 10 of
the Act would imply that law of limitation did not apply. On facts, the
Court held that the State Government had rightly exercised its power
and referred the dispute to Labour Court within reasonable time
considering circumstances in which the appellant therein was placed. In
fact, the Court accepted the explanation for delay given by the workman
16 (2014) 10 SCC 301
22
in raising the dispute. In that case, it was found that there was a criminal
case pending against the workman and further the Management had
assured him that he would be reinstated on his acquittal. It was also
noticed that even despite delay, there was no loss or unavailability of
evidence due to the said delay.
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
Nedungadi Bank Ltd vs K.P. Madhavankutty And Ors on 28 January, 2000
23) In Nedungadi Bank Ltd. v. K.P. Madhavankutty & Ors.14, the Court
cautioned that power of reference should be exercised reasonably and in
a rational manner and not in a mechanical fashion. It was specifically
observed that power to make reference cannot be exercised to revive
13 (1964) 1 LLJ 622
14 (2000) 2 SCC 455
18
settled matters or to refer stale disputes in spite of absence of statutory
limitation period. The Court not only reiterated that the courts had power
of judicial review, though to limited extent, but also made following
pertinent observations on delay:
National Engineering Industries Ltd vs State Of Rajasthan And Ors on 1 December, 1999
Industries Ltd. v. State of Rajasthan {(2000) 1 SCC 371}
this Court observed: