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2003 DIGILAW 406 (MP)

KISHORI LAL v. OPIUM AND ALCOLOID FACTORY

2003-03-12

A.M.SAPRE

body2003
A. M. SAPRE, J. ( 1 ) THE decision rendered in this writ shall also govern disposal of other writs being W. P. Nos. 1940, 1941, 1942 and 1944 of 2000. ( 2 ) HAVING heard learned counsel for the parties and having perused record of the case, i am inclined to allow the writ and while quashing the order, dated 3/03/2000 (Annexure PI), remand the case to respondent no. 2 to reconsider the matter again in the light of recent decision rendered by the Supreme court in the case reported in AIR 2000 SC 839 : 2000 (2) SCC 455 : 2000-I-LLJ-561. ( 3 ) IN substance, the case of petitioner is that the Central Government by impugned order, declined to make reference to Labour court/cgit under Section 10 of ID Act for deciding the legality and validity of petitioner's termination only on the ground of delay. In other words, the Central Government declined to make the reference only on the ground of delay. It is contended that firstly the dispute raised is undoubtedly an Industrial Dispute capable of referring it to Court/tribunal and secondly, it is not governed by any law of limitation as such and thirdly, it was very much alive/existed and hence, the same should have been referred for deciding it on merits one way or other. ( 4 ) THE question had come up before the supreme Court in the case of Nedungadi Bank ltd. v. K. P. Madhavankutty AIR 2000 SC 839 : 2000 (2) SCC 455 : 2000-I-LLJ-561. Their lordships held that there is no time limit fixed for making a reference. Since, in the facts of the case, the Central Government has simply rejected the reference on the ground of delay of seven years even without examining the facts as to whether there were reasons for not making the reference early and what were those reasons which cannot be said to be reasonable for explaining the delay, in my view, it is a fit case for directing the respondent No. 2 to again reconsider as to whether a case for making reference is made out and whether delay has been properly explained or any cause existed for making reference. Let the decision be taken within three months. ( 5 ) AS a result, the petition succeeds and is allowed. Let the decision be taken within three months. ( 5 ) AS a result, the petition succeeds and is allowed. Impugned order, dated 3/03/2000 (Annexure P-7), passed by respondent No. 2 is quashed with aforesaid directions. ( 6 ) C. O. within a week. .