The High Court dismissed a writ petition challenging a Labour Court award upholding dismissal due to fatal delay in raising a dispute and lack of documentary proof for work duration. The court found no illegality in the Labour Court's rejection.
The writ petition is dismissed with no interference in the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 21758/2018
Prithvi Raj Bairwa S/o Shri Gokulram Bairwa, Resident Of Basantpura, Tehsil Sapotara, District Karauli (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Veerendra Singh For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
02/01/2019
One of the term of the reference was whether it was justified for the workman to raise dispute after a period of 18 years and other term of reference was whether workman has worked for a period of 240 days. The petitioner has challenged the award dated 11.1.2016 whereby the claim petition has been dismissed.
I have heard learned counsel and finds that the petitioner is unable to justify the delay for raising the dispute and the delay has been found to be fatal. On the issue relating to completing 240 days for the period from 1.8.88 to 31.10.1989, no documents were produced.
In the circumstances, the Judge Labour Court cannot be said to have been committed any illegality for rejecting the claim.
(2 of 2)
[CW-21758/2018]
No interference is called for.
The writ petition is dismissed.
(SANJEEV PRAKASH SHARMA),J
Anu/
3 issues framed by the court
Whether the delay of 18 years in raising the dispute was justified.
Whether the completion of 240 days of work was substantiated by documents.
Whether the Labour Court committed any illegality in rejecting the claim.
Prithvi Raj Bairwa
Executive Engineer, Public Works Department, Division Gangapurcity, District Sawai Madhopur
Assistant Engineer, Sub Division Gangapurcity, District Sawai Madhopur
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
