Powers of the Appropriate Government under Section 10 (1) of the Industrial Disputes Act, 1947 in Relation to Belated Disputes in the Light of the Judgment of the Supreme Court in Ajaib Singh’s Case 1999 Lab IC 1435 : AIR 1999 SC 1351
By
M. S. Rana
Introduction
Section 10 (1) of the Industrial Disputes Act (in short the I.D. Act) envisages that where the appropriate Government is of the opinion that an industrial dispute exists or is apprehended, it may at any time, by order in writing refer such a dispute for adjudication to a Labour Court or Tribunal. This section does not prescribe any period of limitation for making the reference of an industrial dispute by the appropriate Government. The words “at any time” used in the section, prima facie, do not admit any period of limitation for raising the dispute or in making reference of an industrial dispute. The Full Bench of the Hon’ble Punjab and Haryana High Court in the case of Ram Chander Morya v. State of Haryana, (1999) I SCT 141 has held that “reasonable time in the cases of labour for demand of reference or dispute by appropriate Government to labour tribunals will be five years after which the Government can refuse to m ....