[2025:RJ-JP:27719-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 367/2025 In S.B. Civil Writ Petition No.1646/2025 1. Gyanchand Bhargav Son of Shri Kalyan Prasad, (Died During Pendency) 1/1. Deepak Bhargav, (Legal Heirs of Deceased Workman Wife And Son Respectively) R/o Chhabra. ----Appellants/Petitioners Versus 1. Director, Raj. Rajya Krishi Vipanan Board, Jaipur. 2. Secretary, Krishi Upaj Mandi Samiti, Baran. ----Respondents For Appellant(s) : Mr. Kailash Chander Sharma For Respondent(s) : HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI JUDGMENT 24/07/2025 1. Learned counsel appearing for the petitioner submits that there was no reference with regard to the question of delay in raising of dispute. The terms of reference only related to the validity and legality of the termination order, while the Labour Court has proceeded to dismiss the claim of the petitioner on the ground of delay. 2. Learned counsel further submits that the learned Single Judge has erred in rejecting the writ petition challenging the order passed by the Labour Court. 3. We have considered the submissions [2025:RJ-JP:27719-DB] (2 of 2) [SAW-367/2025] 4. We noticed that while it may not be a case where reference has been made with regard to the issue of delay, but the Labour Court cannot be said to be deprived of its power to examine the claim on the question of delay of fifteen years in raising the dispute which is material and may be fatal also. The learned Single Judge has rightly applied the law as laid down by the Hon’ble Apex Court in the case of “Nedungadi Bank Ltd. vs. K.P. Madhavankutty & Ors.” reported in AIR 2000 SC 839, to reach the similar conclusion. 5. We do not find any reason to differ, the present Special Appeal (Writ) is, accordingly, dismissed. 6. Pending application(s), if any, stand(s) disposed of. (CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J AMIT/GAURAV/21