The Executive Engineer And Another v. Jeet Bahadur And Another
! """"
!#$% &'
!%()*)&+ $,
#+-#./0
1 2 3
4 4
!
"
# $$% &'
(
) "$*&
$ ( +, ----- 4
1.
Petitioners have filed the instant writ petition $
../)..0( 1
(2 3
4
( *
5 67,6.6,7$
87
'
9(( 2 $*
( '( : 5'
' +,
*
(
'
5
( . ( +,853*
*
(
'
8 ; * 5 5 '
4 ( ( &
< * * 5 ' +,8 53* 5 *
* " 8*8 153 5
53 (* 6,6/,==. <66<,==75 5 2 5 ( +, (
* 5153 8*8 "
5
' *
( .78>( 2 ;
$ ,=?0
( '( : ,=?0$ : ( '
(8*
*(* 5
55 * 8*8153 )"
5
? ( * ( +,853* 5
'
8; * '
*
( 5
* * 6,6/,==.2 5 +,5
5
,==? * .?6
2 5
'* +,5
';
* (",==? 53 5 (* ,==? @',==7A ( '
&' *
'
2 5 *( +,5 *'
*
+, * 53(*6,6/,==. <66<,==75 * 5
".66= 7 @*
( (5
5(* ' !8 B
!
"C
/ ( '
( 53* *
%
13 8, *
* ( 8.9 " *
*
%
"8, 0 '5
*
5 67,6.6,7 $
87 (5
( !8 #$
%
& % !'
'
(
) & % % *+%
% & % % "
&
% , ,
- (
.- '
'"
, / #$ 0, 1 1 /233.(,#4.#*45./#5.6227 ##262278 D
5 ( 5 67,6.6,7 $
87
(
5
'(
1 = 2
( '35 '
,6 $(
*
5 67,6.6,7 $
87
'
(
2
+,$( (
(53*
+,, *
+,< '
!8 9#:, ;< #$ 62 %
% ! (
%%
/ 6$'= 0,
> ?"'% ' % % % % %
%
%% ) '
% ' % %
%
?
/
%
/ 6$'= 0, = @/% ( A / B / "C /% #3462#$
'
% 6$'D 6$'A
6$'= 0,
' & #A % / ;< #$ 62%
% !
%% & %%
' ;< #$ 62 %
%
%% & %% %
/ 6$'= 0, /
= @ /% ( A / @ /%
) /
1 #
8 $ ( ' (
5*
( 5 '&
(
*( 5 * ''
'5
*'
5( * 5 ' ' '5
(
5
5E * $
'
)
* 1 5
' * ,, 2n "Prabhakar v. Joint Director Sericulture Department" 2015(4) SCT 493, Hon'ble Supreme Court while considering the plea of a stale claim, made the following observation: -
28. In this process, let us first examine as to what would constitute 'industrial dispute' because of the simple reason that the appropriate Government has power to refer what is known as an 'industrial dispute' and likewise the Labour Court/Industrial Tribunal has jurisdiction to decide if there is an industrial dispute. We are not going into the entire gamut of what constitutes 'industrial dispute' within the meaning of Section 2(k) of the Act. Our focus is only on the aspect that what can be referred should be the dispute which is existing and in praesenti when the reference is sought. To put it otherwise, if it no longer remains an industrial dispute or industrial dispute 'does not exist' at that time, there would not be any question on making reference or adjudicating the matter as it is not an industrial dispute.
29. Section 2(k) of the IDA defines 'industrial dispute' and it reads as under :
"'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which
is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any persons;"
30. As per Section 2A dispute relating to discharge, dismissal, retrenchment or termination of an individual are also deemed as industrial dispute and, therefore, an individual is given right to raise these disputes.
31. The term 'industrial dispute' connotes a real and substantial difference having some element of persistency, and likely, if not adjusted, to endanger the industrial peace of the community. The expression 'dispute or difference' as used in the definition, therefore, means a controversy fairly definite and of real substance, connected with the employment or nonemployment or with the terms of employment or the conditions of labour of any person, and is one in which the contesting parties are directly interested in maintaining the respective contentions.
32. To understand the meaning of the word 'dispute', it would be appropriate to start with the grammatical or dictionary meaning of the term :
'Dispute': "to argue about, to contend for, to oppose by argument' to call in question - to argue or debate (with about or over), - a contest with words; an argument; a debate; a quarrel;
33. Blacks law dictionary, 5th Edition, page 424 defines 'dispute' as under :
" A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim or demand on one side, met by contrary claims or allegations on the other. The subject of litigation; the matter for which a suit is brought and upon which issue is joined, and in relation to which jurors are called and witnesses examined."
34. Thus, a dispute or difference arises when demand is made by one side (i.e. workmen) and rejected by the other side (i.e.
the employer) and vice versa. Hence an 'industrial dispute' cannot be said to exist until and unless the demand is made by the workmen and it has been rejected by the employer. How such demand should be raised and at what stage may also be relevant but we are not concerned with this aspect in the instant case. Therefore, what would happen if no demand is made at all at the time when the cause of action arises? In other words, like in the instant case, what would be the consequence if after the termination of the services of petitioner on April 01, 1985, the petitioner does not dispute his termination as wrongful and does not make any demand for reinstatement for number of years? Can it still be said that there is a dispute?
Or can it be said that workmen can make such demand after lapse of several years and on making such demand dispute would come into existence at that time. It can always be pleaded by the employer in such a case that after the termination of the services when the workmen did not raise any protest and did not demand his reinstatement, the employer presumed that the workmen has accepted his termination and, therefore, he did not raise any dispute about his termination. It can be said that workmen, in such a case, acquiesced into the act of the employer in terminating his services and, therefore, accepted his termination. He cannot after a lapse of several years make a demand and then convert it into a 'dispute' what had otherwise become a buried issue..."
,.
' ( '35
( +,53 (*6,6/,==. <66<,==7A
*
".66= ( * (
* 5 5 5
5 3 ' +,
((
'( '*
( * ' * +,
5 *
(
( .78>( ,=?0$ 2
' 53* 5 (
(
5 53(
*' 3 5
'
(
* "
' (* '
* 5
(53* ,< @ ( *
5 67,6.6,7 $
87 5
* '
+,853* 5 ' F (* 5
5
'
*
* * ( ( F 5 ( ' A
'
( 5
(
F
( ,? G
5 '
2*(
5 *
5 67,6.6,7 $
87
'
(5 **' +,8 53* 5 *''
*
5 67,6.6,7$
87
*( +,8
& ,7 5
( ,/ $
( $,
#+-#./0
4 ,%
! , 3
) !
# )+ . ' !
# )+