SBCWP NO.7201/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7201/2007. Babu Lal Jogi Versus State of Rajasthan & Anr. Date of order:- March 20, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ambrish Vashishtha for the petitioner. Shri Pradeep Kalwania, Additional Government Counsel. ***** BY THE COURT:- This writ petition has been filed against the order dated 24/8/2006 by which the appropriate government has declined to make reference on the premise that earlier also, reference of the same was made to the labour court in LCR Case No.56/1988 and despite notice, workman failed to appear before the labour court and therefore the labour court passed the award of no dispute on 23/4/1990. Hence, there being no industrial dispute, there was no need making of reference afresh to the Labour Court or Industrial Tribunal. SBCWP NO.7201/07. 2 2) Learned counsel for the petitioner has cited the judgments of Supreme Court in Virendra Bhandari Vs. Rajasthan State Road Transport Corporation and others : {2002 (94) FLR 624} in which, Supreme Court in somewhat similar facts held that when there is no adjudication of the matter on merits, it cannot be said that the industrial dispute does not exist. If the industrial dispute still exists, as was opined by the government, such a matter can be referred again under Section 10 of the Industrial Disputes Act. 3) Learned Additional Government Counsel has oposed the writ petition and submitted that even if position of law as settled by the Supreme Court in Virendra Bhandari supra is accepted, there is no justification for the petitioner to again raise the industrial dispute after 15 years particularly when earlier award was passed in the year 1990. 4) Learned counsel for the petitioner sought to explain the delay by submitting that petitioner kept making representations after representations and the respondents were giving assurances for making reference. The delay thus occurred on account of the assurances of the respondents. 5) Having heard learned counsel for the parties and perusing the impugned order, I find that even if some representations were made but SBCWP NO.7201/07. 3 the delay of 15 years cannot be lost sight of when question of reference is being considered with reference to the date of removal, which was made on 31/3/1984 which is more 22 years before now. I do not find any merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil