Court No. - 6 Case :- WRIT - C No. - 359 of 2010 Petitioner :- Ram Nath Respondent :- Union Of India And Others Petitioner Counsel :- Bhoopendra Nath Singh,Devendra Pratap Singh Respondent Counsel :- Asgi Hon'ble Arun Tandon,J.
By means of the order impugned Government of India has rejected the
application made by the petitioner for reference of the dispute qua termination
of his employment.
From the records of the present writ petition this Court finds that the
petitioner had approached the Central Administrative Tribunal for the purpose
of payment of pension by means of Original Application No. 2 of 1999. The
application was finally rejected by the Tribunal on 15.01.2002 after recording
that the petitioner had not challenged the order terminating his employment,
which was so made on 08th April, 1983. Not being satisfied the petitioner
filed writ petition before the High Court, being Writ Petition No. 36305 of
2002. In the said writ petition also he did not challenge the order terminating
his employment. The writ petition was dismissed by the Court on 08th May,
2007. He thereafter made an application for the dispute being referred under
Section 10 of the Industrial Disputes Act to the Labour Court. This
application was made after nearly 24 years of his termination, which has been
rejected under the impugned order.
Having heard counsel for the parties and having gone through the records, I
am of the opinion that the application, for reference of the dispute, suffers
from unexplained laches. No dispute after 24 years can be permitted to be
raised. More so, when the petitioner had the opportunity to challenge the
order before the writ court in his first writ petition and he failed to do so. In
view of the principle enshrined under Order II Rule 2 C.P.C., it is to be
presumed that the petitioner had waived the relief qua the order terminating
his employment while filing his first writ petition.
In view of the aforesaid no good ground is made out to interfere with the
impugned order. Writ petition is dismissed.
Order Date :- 7.1.2010
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