Siddhartha Varma, J. - (1.) After a reference was made on 16.3.1996, the employer and the employee were put to notice. Pleadings were exchanged and thereafter an award was passed. The reference was to the following effect:-
(2.) The respondent employee Vinod Kumar had stated that, he was engaged w.e.f. 1.6.1977 in the Vidhyut Vitran Khand, Varanasi as a waterman/labour and he worked there till 30.9.1983. On 1.10.1983 he was removed from service. Thereafter various communications took place between the employer and the employee and when nothing came out of the various assurances he raised the industrial dispute. When the award was passed in favour of the private respondent no. 2, on 24.3.1997 the instant writ petition was filed.
(3.) Learned counsel for the petitioner has submitted that the award was bad on account of the fact that the reference made by the State Government to the Labour Court was made almost after 13 years from the alleged removal of the respondent no. 2 and, therefore, the reference was stale. He had submitted that a delayed reference creates a doubt as to whether there was in fact a bonafide existence of an industrial dispute and that an inordinate delay without a proper explanation, renders the award bad on account of that count itself.;