Supreme Court of India
Prabhakar v. Joint Director, Sericulture Department &anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that High Court correctly decided the issue holding that the reference at such a belated stage i.e. after fourteen years of termination without H 924 SUPREME COURT REPORTS [2015] 9 S.C.R A any justifiable explanation for delay, the appropriate .Government had not jurisdiction or power to make reference of a non-existing dispute. 44) This special leave petition is, therefore, dismissed.
Judgment, page 34
From the headnote
Industrial Disputes Act, 1947 - s. 10, 2(k) - Industrial c Dispute - Delay in raising - Power of appropriate Government to make a reference of the dispute - On facts, termination of services of petitioner-worker, however industrial dispute raised after 14 years - Award by Labour Court directing reinstatement of petitioner in service without back wages and other benefits - Writ petition by Management dismissed by Single Judge of the High Court- However, writ appeal by Management allowed by Division Bench of the High Court- Correctness of- Held: High Court was correct holding that the reference
Authorities it was built on
- 1985 Ram Avtar Sharma & Ors. Etc. v. State of Haryana and Anr. Etc.
- 2000 The Nedungadi Bank Ltd. v. K.P. Madhavankutty and Ors.
- 1970 Western India Match Co. Ltd. v. Western India Match Co. Workers Union & Ors.
- 2000 The Secretary, Indian Tea Association v. Ajit Kumar Barat and Ors.
- 1976 Prem Kakar v. State of Haryana and Anr.
- 1995 Sultan Singh v. State of Haryana and Anr.
- 1959 Messrs. Shalimar W'orks Limited. v. Their Workmen
Where later benches applied it
- 2021 The Chairman, State Bank of India and v. M. J. James
- 2021 Rajeev Suri v. Delhi Development Authority & Ors
Of those, 2 referred to
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