- (1.) This instant petition filed under Articles 226/227 of the Constitution of India prays for quashing of award dated 23.9.2004, copy Annexure P-1 passed by respondent No. 1 by virtue of which industrial dispute raised by the petitioner-workman has been dismissed.
(2.) The facts leading of the institution of instant petition are that the petitioner was appointed on the post of Wireman on 17.2.1983 in the office of respondent Nos. 2 to 4 department. Thereafter on 3.1.1987 his services were terminated. The petitioner challenged the action of termination of his service by the respondents-department by filing an application before the Central Administrative Tribunal (hereinafter referred to as CAT in short). However, the CAT dismissed the application of the petitioner on 20.9.1993 on the ground of maintainability. Thereafter, the petitioner challenged the order of CAT dated 20.9.1993 by filing a S.L.P. before the Hon'ble Apex Court, which too was dismissed. Ultimately, the petitioner raised an industrial dispute. The appropriate Government vide order dated 11.8.1998 referred the industrial dispute to respondent No. 1-Industrial Tribunal for adjudication. Respondents-department contested the claim of the petitioner. After settling of issues, both the parties led their respective evidence. Thereafter, vide the impugned award dated 23.9.2004, respondent No. 1, without touching the merits of the dispute, considering the lapse of period of 10 years in raising the dispute, dismissed it solely on the ground of delay and latches. Hence. The present petition.
(3.) Upon notice, respondents No. 2 to 4 filed their joint written statement controverting the averments contained in the instant petition. Justifying the impugned award of the Labour Court, dismissal of the instant petition has been sought.;