Supreme Court in Prabhakar v. Joint Director, Sericulture Department and others1 . In the said case, the appellant services were terminated on 1.04.1985, whereas industrial dispute was raised in the year 1999 i.e., after a period of more than fourteen years. The Labour Court passed award directing reinstatement of appellant. The said award was upheld by the learned single Judge of Karnataka High Court. On appeal, the Division Bench of Karnataka High Court reversed the decision of the learned single Judge and set aside the award on the ground of raising the industrial dispute after a long delay. The Division Bench of the High Court held that no live dispute survived for adjudication even though no period of limitation is prescribed in Industrial Dispute Act and provisions of the Limitation Act are not applicable to disputes under the Industrial Disputes Act. There could not have been reference at such belated stage and after lapse of abnormal delay, appropriate Government has no jurisdiction or power to make a reference of non-existent dispute. Supreme Court also observed that between 1.4.1985 and till 1999, appellant did not approach any judicial or quasi-judicial authority; not even any notice or legal notice was served on the management. Only in the year 1999, he approached the appropriate Government alleging illegal termination and violation of the provisions of Section 25(F) of the Industrial Disputes Act. He did not give satisfactory explanation on the delay.
