S. N. Srivastava, J. - (1.) -The writ petition is directed against the award dated 28.10.1993, passed by labour court in Reference No. 126 of 1992. The labour court held that the order of dismissal dated 31.3.1976 was illegal and workman is entitled to be re-instated. Salary for the suspension period was forfeited and the sentence was reduced to serious warning. Labour court further held that it has no power to quash the reference though made after 15 years of Industrial dispute.
(2.) HEARD Sri R. A. Gaur, learned counsel for the petitioner and Sri S. F. A. Naqvi appearing on behalf of opposite party. Learned counsel for the petitioner urged that the opposite party-workman was terminated on 31.3.1976 and thereafter he was engaged in some other work. Industrial dispute raised after 15 years is not maintainable as no dispute existed at that time. Labour court acted illegally in entertaining the reference after 15 years and giving award. He further urged that the award of labour court be quashed as no dispute existed at the time of reference. The entire proceeding and reference No. 126 of 1992 made by the appropriate Government was incompetent and liable to be quashed. Learned counsel for the opposite party urged in reply to the learned counsel for the petitioner that there is no time limitation under the U. P. Industrial Disputes Act and, therefore, even after 15 years, reference was rightly made and labour court has rightly passed the award.
(3.) AFTER considering the arguments of learned counsel for the parties and perusal of the record, following fact emerges : Employee was employed as labourer on 22.12.1973 in Jhansi Depot. He was suspended on 24.12.1975. He was given opportunity of hearing and after departmental enquiry, he was dismissed from service. It is further borne out from the record that he did not raise any dispute before any competent authority and joined in another work. He was carrying on work of plying two seaters, as admitted by him. He raised a dispute in 1991 and reference was made by referring order dated 2.6.1992. From the facts borne out from the record, it is clear that in the year 1991 when workman raised dispute and reference was made, no industrial dispute existed. Therefore, reference was bad. There is no material on record that applicant has taken any steps between 1976 and 1991 for his alleged grievance to any authority or forum available under law. Since no industrial dispute existed at the time of reference in the year 1992, reference as well as award made by labour court is vitiated in law. Reference made by State Government and award on the basis thereof when no industrial dispute existed or even apprehended was without jurisdiction. Matter has already become final as back as in the year, 1976.;