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2016 DIGILAW 1391 (JHR)

Kirtan Polai v. Union of India

2016-09-19

APARESH KUMAR SINGH

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ORDER : Heard counsel for the parties. 2. Petitioner workman seeks to challenge the Award dated 21.01.2003 delivered in Reference No. 150/1998 by the Learned Presiding Officer, Central Government Industrial Tribunal (No. 2), Dhanbad by way of the instant writ petition preferred in September 2014. The following Reference was made by Government of India, Ministry of Labour under Section 10(1)(d) of Industrial Disputes Act, 1947. “Whether the action of the Management not to accept the date of birth recorded in the I.D. Card is genuine and justified? If not, to what relief is the concerned workman entitled” 3. Case of workman was sponsored by the Labour Union. Upon consideration of the case of the rival parties, the Learned Tribunal by the impugned Award, held that the action of the Management not to accept the date of birth recorded in the I.D. Card is genuine and justified. Consequently, the workman is not entitled to get any relief. 4. Petitioner has not been able to satisfy the reasons for the gross delay in challenging the impugned Award after more than 11 years. The reasons stated in the instant petition at Para-28 and 29 do not impress the Court to condone such a huge delay. In any such litigation, there is always a stage when the issue attains finality if the decision of the Court or Tribunal is not assailed within the limitation prescribed Under Article 226 of the Constitution of India, though there are no limitation prescribed, but delay in invoking the writ jurisdiction of the Court have to be satisfactorily explained for discretionary remedy to be exercised in favour of such litigant. On account of huge delay in challenging the impugned Award, it can be definitely said that right has also been created in favour of other side. It would therefore be not desirable to reopen the findings rendered in the impugned Award now more than 12 years back, moreover when the issue is of date of birth of the workman who had admittedly entered the service on 01.01.1973 itself. In such circumstances, instant writ petition is dismissed on the grounds of gross delay and latches.