RAMANBHAI DAHYABHAI DABHI v. SECRETARY TO GOVT. OF INDIA
2014-04-15
PARESH UPADHYAY
body2014
DigiLaw.ai
Order 1. Rule. Ms. Mita Panchal learned advocate appears and waives service of notice on behalf of contesting respondent No.1. 2. Challenge in this petition is made to the order dated 30.07.2013 passed by the Appropriate Government (the Central Government) refusing to refer the dispute for adjudication to the Central Government Industrial Tribunal. The operative part of the impugned order reads as under. “The workman failed to raise the issue at proper time and now at such a belated stage there seems no justification on sending the dispute for judicial security (read-scrutiny). Hence, the dispute is not deemed fit for adjudication.” 3. The Appropriate Government can not refuse to refer the dispute for adjudication to the Labur Court/Industrial Tribunal on the ground that it is belated or that it has no substance. The merits of the matter need not be gone into by the appropriate Government. 4. In view of the above, the impugned order is quashed and set aside. The respondent No.1 authorities are directed to refer the dispute to appropriate legal forum for adjudication. The employer will be at liberty to oppose the proceedings on all available grounds, including of delay in raising the dispute. 5. Rule is made absolute. No order as to costs.