MUKUL MUDGAL - (1.) This writ petition challenges the Order of Reference dated 20/9/1989, made by the respondent No.1, Govt. of NCT of Delhi regarding the dispute arising from the termination of the services of respondent No.3 who was at the relevant time employed as a Lower Division Clerk. The writ petition has been filed in this Court on 4/09/1996. The main challenge in the writ petition is to the non-applicability of the provisions of Industrial Disputes Act, 1947(hereinafter referred to as 'the Act') consequent to adoption of Central Civil Services (Classification, Control & Appeal) Rules, 1965 by the petitioner and its plea that these rules framed under Article 309 govern its employees to the exclusion of the provisions of the Industrial Disputes Act.
(2.) The Order of reference dated 20/9/1989 arose from the termination of the services of the respondent No.3-Ishwar Lal by the petitioner and was made in the following terms; "TERMS OF REFERENCE whether the removal of Shri Ishwar Lal from his services is illegal and/or unjustified and if so, to what relief is he entitled and what other directions are necessary in this circumstances of this case ?"
(3.) Mr. K.C. Dubey, learned counsel, appearing on behalf of respondent No-3-workman as amicus curiae has submitted that the writ petition is hopelessly barred by laches as right since 1989 upto 1996 the petitioner-Management participated in the proceedings before the Tribunal which were at a very advanced stage and the very purpose of this writ petition is to tire out the resistance and to wipe out the resources of the respondent No.3-workman and there is no satisfactory explanation given by the petitioner/Management for the laches of about 7 years.;