IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.509 of 2011. Kedar Sharma s/o Lat eHajo Sharma, Resident of Mohalla Trimurti Nagar, Gola Road No.11, Danapur, Patna. . Appellant . Versus 1.The State Of Bihar. 2.The Bihar State Electricity Board, through the Secretary, Bidyut Bhawan, Bailey Road, Patna.. Respondents. ----------- 3. 19.10.2011 Heard learned counsel for the appellant and perused the order of the writ court whereby the writ petition preferred by the appellant has been dismissed after agreeing with the award passed by the Presiding Officer, Industrial Tribunal, Patna in Reference Case No. 23 of 2003 that the reference itself was stale and the petitioner has failed to prove that he was workman within the meaning of Industrial Disputes Act. Learned counsel for the appellant wanted to go into factual details to assail the 2nd finding but on going through Para-8 of the award, we find that the award is fit to be maintained on the ground that the reference was, in- deed, a stale reference. The appellant was retrenched after 2 months of alleged engagement in 1974 and he raised industrial dispute after 29 years, vide Reference Case No. 23 of 2003 and the reference was made in the year 2007 after 33 years of alleged cause of action. 2 In our view, the finding of the Industrial Tribunal on the issue of reference being stale cannot be disputed and the issue decided is supported by several judgments of the Apex Court mentioned by the Tribunal. In the facts and circumstances of the case, we find no merit in this appeal. It is, accordingly, dismissed. Jay/ (Shiva Kirti Singh,J) (Shivaji Pandey, J)