[2025:RJ-JP:32273] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15936/2010 Heera Gurjar, S/o Shri Kalyan, aged about 50 years, R/o Village Singadi, Post Saspuriya, Tehsil Hindoli, District Bundi, Rajasthan ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, Department Of Labour, Secretariat, Jaipur, Rajasthan 2. The Deputy Secretary, Department Of Labour, Shastri Nagar, Hasanpura, In Front Of NBC Factory, Jaipur 3. The Executive Engineer, Water Resources (Irrigation) , Lanka Gate, Bundi, Rajasthan 4. The Assistant Engineer, Small Water Resources, Bundi, Head Office Hindoli, Bundi, Rajasthan. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Gopal Krishan Sharma, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 18/08/2025 1. This writ petition has been filed by the petitioner, feeling aggrieved by order dated 26.09.2008 whereby the appropriate Government has refused to refer the industrial dispute raised by the petitioner. 2. It reveals from the contents of the writ petition that as per petitioner, he was engaged as Beldar on daily wages on Muster Roll from 01.10.1982 and his service were terminated on 28.02.1984. 3. Feeling aggrieved by his termination, he raised an industrial dispute before the Conciliation Officer. The Conciliation [2025:RJ-JP:32273] (2 of 3) [CW-15936/2010] Officer submitted his failure report to the appropriate Government but the appropriate Government only on the pretext of delay in raising the industrial dispute, has refused to refer the matter for adjudication. 4. It has been contended in the writ petition that delay cannot be a ground to deny reference under the Industrial Disputes Act, 1947 where there is no provision of limitation in raising the industrial dispute. 5. Learned counsel appearing for the respondents fairly submits that the issue in hand has already been decided by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No. 11575/2019 Gopiram Vs. State of Rajasthan & Ors. vide judgment dated 17.08.2023. After examining the provisions as well as numerous judgments delivered by Hon'ble Supreme Court, the Co-ordinate Bench has observed as under: "28. The intention of the legislature is to be gathered from the words used under Section 10 (1) of the Act of 1947, therefore, it is not open for the appropriate Government to travel beyond the intention of the legislature and it could not be presumed that the legislature has committed mistake in not providing limitation period while interpreting the statutory provision. Thus, it can safely be held that it would not be open for the appropriate Government, while exercising the powers under Section 10 (1) of the Act to decide the question whether the claim of the workman is stale or not. 29. Hence, it is clear that the delay and latches itself cannot be a ground for refusing to make a Reference. It a person is guilty of delay of latches, it may be a ground for the Labour Court, either to refuse to grant any relief or refuse to grant relief or back wages. The Government cannot take up the role of an Adjudicating Authority while deciding the question as to whether a Reference should be made or not. 30. While referring the dispute, the appropriate Government can formulate the question of 'Delay & Latches' to be decided by the Labour Court as a preliminary issue while simultaneously also making a [2025:RJ-JP:32273] (3 of 3) [CW-15936/2010] reference on the industrial dispute to be decided on secondary issue." 6. In the light of above, the instant writ petition is allowed, the impugned order dated 26.09.2008 is hereby quashed and set-aside. The appropriate Government is directed to refer the dispute for adjudication before appropriate Forum within a period of two months. 7. The writ petition stands allowed with the above directions. (ANAND SHARMA),J NEERU/27