Inordinate Delay In Raising Disputes Renders Them Stale – Karnataka High Court Set Aside Industrial Tribunal Award
In a significant ruling, the Karnataka High Court, presided over by the Hon’ble Ms. Justice Jyoti Mulimani, has set aside an award by the Industrial Tribunal, emphasizing the impact of delay and laches in raising industrial disputes. The case involved the Karnataka State Road Transport Corporation (KSRTC) challenging the Tribunal’s decision which had previously overturned a disciplinary action against a former employee.
The Court, in its judgment dated November 16, 2023, highlighted the principle that “an inordinate delay in raising the dispute” can render the dispute “stale” and unworthy of consideration. The observation came in light of the respondent, a former driver of KSRTC, raising a dispute against his punishment seven years after it was imposed.
Justice Mulimani, in her decision, reiterated the established legal principle that the existence of an industrial dispute and the timely raising of such disputes are critical to their adjudication. The Court cited the Apex Court’s decision in ‘Prabhakar vs. Joint Director, Sericulture Department and Another’ to underline the notion that industrial disputes should not be raised after considerable lapses of time.
The original disciplinary action, dating back to 2003, involved the respondent driver being punished for carrying unauthorized passengers. This punishment was initially set aside by the Industrial Tribunal in 2018, only to be reinstated by the High Court’s current judgment.
Smt. Renuka H.R., the advocate representing the petitioner, KSRTC, focused her arguments on the extensive delay and its implications, refraining from delving into the merits of the case. The respondents, the legal heirs of the deceased driver, were unrepresented.
Date of Decision: 16 November, 2023
KARNATAKA VS C.D.RAMAIAH .etc
