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2017 DIGILAW 1544 (RAJ)

Executive Engineer, National Highway Public Works Department v. Madan Lal Gurjar

2017-07-12

SANJEEV PRAKASH SHARMA

body2017
ORDER : Sanjeev Prakash Sharma, J. 1. The Labour Court Award Dated 22.09.2016 is under challenge before this court in this present writ petition. 2. A look on the terms of the reference shows that the State Government referred two points to be examined by the labour court (i) Whether raising of dispute after 15 years was justified and legal? (ii) If he delay was justified then whether the removal/termination w.e.f. 01.12.1991 was justified and legal? 3. The labour court on the first issue solely relied on the judgments passed by the Apex Court in the case reported in 2001 (5) SLR SC 198 and 2006 SCC (L&S) 702 and has given a finding that the delay in approaching the Labour court after 15 years was justified. Such a finding is not based on any factual aspect and is only on the basis on the legal preposition laid by the Apex Court. 4. It is trite law that the terms of reference are to be answered by the labour court on the basis of facts and law. Unless there is factual basis, law can not be applied in vacuum and therefore there has been perversity crept in the order. Further this court finds that the delay has not been explained by the concerned workman and merely by stating that he has been making representations to the authorities without support of any documentary or oral evidence would not be sufficient to explain the delay of 15 years, therefore award dated 22.09.2016 is erroneous and warrants interference of this court. 5. Accordingly, the writ petition is allowed and the award dated 22.09.2016 passed by the labour court is set aside. Costs made easy.