SAPAN KUMAR PANDIT versus U.P. STATE ELECTRICITY BOARD AND ORS.

SAPAN KUMAR PANDIT versus U.P. STATE ELECTRICITY BOARD AND ORS.

The core ratio is that under Section 4K of the U.P. Industrial Disputes Act, the government may refer a dispute for adjudication at any time, provided the industrial dispute exists at the date of reference. The period since inception is immaterial if the dispute has subsisted on the date of reference. Delay may be relevant only for moulding relief, not for quashing reference.

Parties
Appellant: Sapan Kumar Pandit; Respondents: U.P. State Electricity Board and Ors.
Jurisdiction
India
Judgment Date
24 July 2001
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order Dated 17.9.99 of the Allahabad High Court in C.m.w.p. No. 28159 of 1993
Outcome
Appeal allowed
Legal Topics
Reference of Industrial Dispute, Delay in Making Reference, Existence of Industrial Dispute, Section 4 K, U.p. Industrial Disputes Act, 1947
Labour Laws Reference of Industrial Dispute Delay in Making Reference Existence of Industrial Dispute Section 4 K, U.p. Industrial Disputes Act, 1947

Case Brief

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Parties

Sapan Kumar Pandit

Appellant

U.P. State Electricity Board and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order Dated 17.9.99 of the Allahabad High Court in C.m.w.p. No. 28159 of 1993

Legal Issues

  1. 1 Whether the government can refer an industrial dispute for adjudication after a long delay since inception of the dispute under Section 4K of the U.P. Industrial Disputes Act, 1947
  2. 2 Whether the existence of industrial dispute at the date of reference is the real test for government’s power to refer

Ratio Decidendi

The core ratio is that under Section 4K of the U.P. Industrial Disputes Act, the government may refer a dispute for adjudication at any time, provided the industrial dispute exists at the date of reference. The period since inception is immaterial if the dispute has subsisted on the date of reference. Delay may be relevant only for moulding relief, not for quashing reference.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court set aside
  • Reference for adjudication restored