Shyam Singh vs Labour Court Bhilwara ...
2024 Latest Caselaw 1823 Raj

Rajasthan High Court - Jodhpur

Shyam Singh vs Labour Court Bhilwara ... on 23 February, 2024

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2024:RJ-JD:9396]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4957/2019

Shyam Singh S/o Shri Fauj Singh, Aged About 56 Years, R/o Dharol, Post Sukhwada Tehsil Bhadesar, District Chittorgarh (Raj.).

----Petitioner Versus

1. Managing Director, Rajasthan State Road Transport Corporation, Headquarter Jaipr (Raj.).

2. Divisional Manager And Authorized Disciplinatory Authority, RSRTC, Headquarters Jaipur.

3. Chief Manager, RSRTC, Chittorgarh.

----Respondents

For Petitioner(s) : Mr. Gaurav Thanvi, through VC

JUSTICE DINESH MEHTA

Order

23/02/2024

1. By way of the present writ petition, the petitioner has

challenged the order dated 20.09.2016 and award dated

21.02.2017 passed by the learned Industrial Tribunal, Bhilwara

(hereinafter referred to as 'the Labour Court').

2. Leaned counsel for the petitioner submitted that the Labour

Court has not properly appreciated the evidence and has decided

the reference against the petitioner solely on the ground of delay

and laches.

3. A perusal of the award dated 20.09.2016 unravels that the

petitioner was removed from service on 30.12.1992, whereafter a

reference came to be made as late as on 29.10.2014. While

dealing with the evidence, the Labour Court rejected petitioner's

[2024:RJ-JD:9396] (2 of 2) [CW-4957/2019]

claim, inter-alia, observing that the dispute was raised belatedly

while also holding that despite host of notices issued to the

petitioner by the disciplinary authority, he did not turn up.

4. It is to be noted that even the present writ petition which

lays challenge to the award dated 20.09.2016 and 21.02.2017,

came to be filed after a delay of about 3 years on 01.04.2019 and

the petitioner has thereafter not persued the writ petition and the

matter has come up for consideration for the first time.

5. This Court does not find any reason to interfere in both the

judgment dated 20.09.2016 and award dated 21.02.2017, in

which the Labour Court has rejected the claim on the ground of

delay while affirming the finding that the respondent -

Corporation has followed due procedure and in spite of notice

given to him, the petitioner did not turn up.

6. The writ petition, therefore, fails.

(DINESH MEHTA),J 23-Mak/-

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