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Judgment
The Respondent-Management terminated the services of the Petitioner on December 13, 1991. It appears that a dispute was raised by the Petitioner for the first time on June 30, 2000. By the impugned order dated November 10, 2000, Exhibit ''E'' page 23, the Government of India has refused to refer the matter for adjudication under the Industrial Disputes Act, 1947 in view of the fact that a dispute has been raised belatedly after the lapse of 9 years without any valid reason.
The ground on which the Government of India has refused to refer the dispute for adjudication, does not appear to be valid in view of the settled law. We only refer the judgment Gurmail Singh Vs. Principal, Govt. College of Education and Others, which refers to the earlier authorities. It has been laid down that if the dispute persists despite passage of time, the dispute exists and, therefore, must be adjudicated upon. In case of delay, the only question would be, the manner in which the relief would be molded particularly in so far as it relates to back wages for the period of delay.
We set aside the impugned order of the Government of India and remit the matter to Government of India to pass fresh order in accordance with law. The Government of India must pass final order within a period of one month from the date on which a copy of this order is communicated or received by it.