Labour Law

Industrial Disputes Act, 1947

— S. 10 — Delay in seeking reference under — Effect — Need for raising industrial dispute within reasonable time — Onus of showing that industrial dispute was raised within reasonable time — Held, no formula of universal application can be laid down for determination of the said question — It would depend on facts of each individual case — It is for workman concerned to show that the dispute was raised within a reasonable time and that he was not responsible for any delay — Courts below must record a finding to this effect, on basis of material placed on record by workman — Delay cannot be condoned merely on surmises and conjectures, (2006) 5 SCC 433