IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1354 of 2011 (O&M) Date of decision: 8.8.2011 Punjab Roadways Conductors Union, Chandigarh -----Appellant Vs. Presiding Officer & others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- None. --- ADARSH KUMAR GOEL, ACJ This appeal has been preferred against order of learned Single Judge dismissing the writ petition of the appellant against award of the Labour Court. Case of the appellant is that in pursuance of chargesheet dated 18.12.1981, for the alleged misconduct, punishment of stoppage of increments was imposed on the workman on 8.12.1995. The workman served a demand notice in August, 2002 on which the dispute was referred for adjudication and decided against the workman. It was held that the claim put forward by the workman was stale. The workman had collected the fare and had not issued the tickets, which justified the punishment. The appellant Union preferred a writ petition which was dismissed by learned Single Judge only on the ground that L.P.A. No.1354 of 2011 raising a demand after five years of imposition of punishment disentitled the workman to the relief. We have perused the record. It is well settled that where dispute is stale, reference to Labour Court may be invalid, unless there is justification for delay. Reference may be made to law laid down to this effect in Chief Engineer, Ranjit Sagar Dam v. Sham Lal (2006) 9 SCC 124, following observations in Nedungadi Bank v. K.P. Madhavankutty (2000) 2 SCC 455. Thus, the view taken by learned Single Judge does not call for interference. Dismissed. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE August 08, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2