Delay in Reference: Dismissal without Enquiry:-
Industrial Disputes Act 1947- Section 10(1) and 11-A - Dismissal from service- for misconduct - Reference rejected - Second reference by Appropriate Government is valid - Impugned order of dismissal from service passed without enquiry - and impugned order of dismissal not duly served to petitioner - it is not a termination of his employment - Hence, his explanation for delay of 12 years in raising dispute has to be accepted - There was no charge of abusing by petitioner in charge sheet and there was no imediate report of threat to highter authorities - Impugned order set aside- Punishment of warning imposed - He shall be reinstated with 50% of back wages. Bombay High Court- Nagpur Bench dated 09-09-2009 in writ petition no. 3618 of 2008 Santosh Kumar V/s Sub Area Manager M/s Western Coalfields Ltd. {2010(124)FLR 223}
