Thursday, May 19, 2011

Industrial disputes Act 1947 - Delay

Industrial Disputes Act 1947 - Section 25F to 25H and 10- reference expression "at any time" in the context it is used - Postulates tgaht reference can only be made if an industrial dispute existgs or is apprehended. Findings recorded by the Labour Court that the appellant completed 240 days in 12 preceding months and termination of his services without complying with provisins of Section 25F - Termination illegal, null and void. But it rejected the claim of the workman on ground of delay in making the reference. No limitation prescribed for making reference under Secion 10- reference sought for by the workman.- Services of the workman terminated on 26-5-1992 and reference made by the Government on 22-11-1999. Once it is found that industrial dispute exists-Incumbent on part of the Government to make reference. SLP(C) no. 4137 of 2007 : Kuldeep Singh V/s G.M Instrument Design Development and Facilities Centre decided on 3-12-2010 by Supreme Court [2011(128)FLR121]

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