Basant Singh vs State Of H.P & Ors
- SCC(2017) 1 SCC 263
- Neutral2016 INSC 912
Ratio decidendi
The rule this decision rests on
Where a Government has referred disputes of similarly situated persons to a Labour Court for adjudication without raising objections concerning delay, it cannot discriminate against other persons in similar circumstances by refusing to refer their disputes on the ground of delay alone; such objections must be waived and the cases reconsidered on an equal footing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
STATE OF H.P. & ORS RESPONDENTS
WITH
CIVIL APPEAL NO. 9715 OF 2016 (Arising out of SLP (C) No.13748 of 2014)
WITH
CIVIL APPEAL NO. 9716 OF 2016 (Arising out of SLP (C) No.13752 of 2014)
WITH
CIVIL APPEAL NOS.9717-9718 OF 2016 (Arising out of SLP (C) No.11720-11721 of 2015)
J U D G M E N T
KURIAN, J.
1 Leave granted.
2 The appellants are aggrieved since they have been allegedly discriminated in the matter of reference of their disputes to the Labour Court for adjudication. According to the appellants, in the cases of similarly situated persons, without any objection with regard to the delay, the Government has referred their cases for adjudication. Some
of the cases are pointed out in the additional reference filed in I.A. No.3/2015. One is order dated 1.10.2014 and there are references to Awards dated 14.11.2013 and 12.4.2014.
3 In view of the above, the appeals are disposed of with a direction to Respondent No.1 that in case disputes in the case of similarly situated persons have been referred for adjudication before the Labour Court, the cases of the appellants shall also be considered for reference, ignoring the objection in the matter of delay.
4. Needful be done within two months from the production of a copy of this judgments.
No costs.
..................J. [KURIAN JOSEPH]
....................J. [ROHINTON FALI NARIMAN] NEW DELHI;
SEPTEMBER 26, 2016
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