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  • Extinguish right to re-agitate: This means that once a reference has been withdrawn, the party who raised the dispute (usually a workman or a union) cannot raise the same issue again in another case or proceeding.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.