- (1.) Since on similar set of fact same relief has been prayed, all the aforesaid writ petition are being decided by this common order.
(2.) All the writ petitions have been filed against the order refusing reference of the dispute for its adjudication by the appropriate government as provided under the Industrial Disputes Act, 1947 (for short 'the Act'). The refusal is precisely on the ground of delay in raising the dispute.
(3.) Learned counsel for petitioners submits that a reference cannot be denied based on delay in raising the dispute as no limitation has been provided under the Act. In fact, the appropriate government is not having adjudicatory powers so as to deny reference by adjudicating any issue which can be adjudicated by the Labour Court or trial court. Reliance has been placed on the judgment of the Hon'ble Apex Court in the case of Karan Singh Vs Executive Engineer, Haryana State Marketing Board, 2008 1 LLJ 305.;