Sunday, November 14, 2010

No time limit for reference

Industrial Disputes Act 1947- Section 10(1) - U.P. Industrial Disputes Act 1947 - Section 4-K - Reference - Order making reference passed by State Government - for adjudication over issue of promotion as alleged by respondent workmen - No time limit fixed for making the reference - Dispute still existed till 1993, when the claim raised by respondent - Delay, therefore, hasf been correctly condoned by Labour enforcement and conciliation officer - and thereafter, the reference made by State Government - No merit in writ petition found and the same is dismissed.
The word 'any time' mentioned in the above section indicates to period without the limitation, however while considering the time limit the factual position whether the dispute existed at the day of reference is to be taken into consideration. Bharat Heavy Electricals Ltd V/s State of Uttarakhand and others [2010(127)FLR387] Uttarakhand High Court