--- title: "Withdrawal of reference extinguishes the right to re-agitate the issue, barring subsequent claims for relief under the ID Act" date: 2025-02-20 author: "King Stubb & Kasiva" url: https://ksandk.com/newsletter/withdrawal-of-reference-right-re-agitate-id/ --- # Withdrawal of reference extinguishes the right to re-agitate the issue, barring subsequent claims for relief under the ID Act Posted On - 20 February, 2025 • By - King Stubb & Kasiva 2025 LLR WEB 372 (HIMACHAL PRADESH HIGH COURT) INDUSTRIAL DISPUTES ACT, 1947 – Petition by Devi Dayal challenging his termination as a Mess Helper by Dr. Y.S. Parmar University and seeking reinstatement with consequential benefits. This legal principle relates to labour disputes in India, specifically under the Industrial Disputes Act of 1947. ## Key Highlights - **Withdrawal of reference:** When an industrial dispute is referred to a Labour Court or Tribunal for adjudication, the appropriate government (usually the state government) can withdraw that reference under certain circumstances. - **Extinguish right to re-agitate:** This means that once a reference has been withdrawn, the party who raised the dispute (usually a workman or a union) cannot raise the same issue again in another case or proceeding. - **Barring subsequent claims for relief:** This reinforces the previous point, emphasising that no further claims for any kind of relief (reinstatement, compensation, etc.) can be made based on the original dispute. ## Principle The principle essentially states that if a party withdraws a reference to an industrial dispute, they lose the right to pursue that issue further. They cannot file a fresh case or claim based on the same dispute. This is a significant legal consequence. --- ## Office Locations - [New Delhi](https://ksandk.com/locations/top-corporate-law-firm-in-delhi/) (HQ): +91-11-41318190 | info@ksandk.com - [Mumbai](https://ksandk.com/locations/top-corporate-law-firm-in-mumbai/): 3 offices (Nariman Point, Lower Parel, Andheri) | mumbai@ksandk.com - [Bangalore](https://ksandk.com/locations/top-corporate-law-firm-in-bangalore/): bangalore@ksandk.com - [Chennai](https://ksandk.com/locations/chennai/): chennai@ksandk.com - [Hyderabad](https://ksandk.com/locations/hyderabad/): hyderabad@ksandk.com - [Pune](https://ksandk.com/locations/pune/): pune@ksandk.com - [Kochi](https://ksandk.com/locations/kochi/): kochi@ksandk.com ## Contact - [Contact Page](https://ksandk.com/contact-us/) - General: info@ksandk.com | +91-11-41318190 - WhatsApp: +91-7428567444 - [Privacy Statement](https://ksandk.com/privacy-statement/) - [Terms of Use](https://ksandk.com/terms-of-use/)