Prahlad S/O Shri Lodki Lal vs State Of Rajasthan
2022 Latest Caselaw 1469 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                D.B. Special Appeal Writ No. 689/2020

Prahlad S/o Shri Lodki Lal, Aged About 52 Years, R/o Gram
Arnetha, Teh. Nainwa, Dist. Bundi, Rajasthan
                                                                         ----Appellant
                                      Versus
1.      State     Of      Rajasthan,           Through             Secretary,   Labor
        Department, Government Of Rajasthan, Jaipur
2.      Mandal Van Adhikari, Forest Department, Bundi
                                                                     ----Respondents

For Appellant(s) : Mr. Arvind Kumar Bhardwaj For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

11/02/2022

Defects are waived.

This appeal is directed against the order dated 14.09.2020

passed by the learned Single Judge in S.B. Civil Writ Petition

No.9980/2020. The appellant-original petitioner had approached

the conciliation officer alleging that he was illegally terminated in

the year 1990 by the employer. The conciliation having failed, the

competent authority was to decide whether reference was to be

made or not to the labour court. On 04.05.2007, the competent

authority refused to make the reference. This order the petitioner

had challenged in the writ petition which was filed in the year

2020. Petition was dismissed on the ground that the approach

made to the High Court was 13 years later.

(2 of 2) [SAW-689/2020]

We are broadly in agreement with the view of the learned

Single Judge. The learned Single Judge did not accept the vague

and general explanation of the petitioner for approaching the

Court late. We further notice that for the alleged termination of

the year 1990 the petitioner had first time approached the

conciliation officer in the year 2004. Thereafter again as noted for

refusal to make reference which was passed in 2007 petition was

filed in the year 2020.

Appeal is dismissed.

(SUDESH BANSAL),J (AKIL KURESHI),CJ

BRIJ MOHAN GANDHI/24

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