LawSikho, Author at http://justicescanner.lawsikho.com

LawSikho
September 10, 2025
6 Mins Read
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Can the Appropriate Government Decline to Refer Stale Industrial Disputes to the Labour Court Based on Delay and Laches? — Precedent Affirmed by Himachal Pradesh High Court

The Himachal Pradesh High Court upholds that the State, acting under Section 10(1) of the Industrial Disputes Act, 1947, may validly refuse to refer industrial disputes to adjudication when the claims are stale, unexplained delay is present, and workmen have acquiesced. This judgment applies binding Full Bench precedent and Supreme Court rulings, reaffirming that government […]

LawSikho
September 10, 2025
6 Mins Read
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Can Long-Delayed Industrial Disputes Be Referred to Labour Courts? Himachal Pradesh High Court Reaffirms Bar on Stale Claims as Binding Law

The Himachal Pradesh High Court, by upholding previous Full Bench authority and recent Supreme Court precedent, confirmed that industrial disputes raised after a prolonged and unexplained delay—following regularization and acceptance of service—are rightly declined for reference. The decision affirms established law, binds subordinate courts in Himachal Pradesh, and serves as persuasive authority on delay and […]

LawSikho
September 10, 2025
6 Mins Read
78 Views
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Can Industrial Disputes Raised After Inordinate Delay Be Referred To The Labour Court? High Court Reaffirms Principle Of Delay And Laches As Bar To Reference Under Section 10(1) Of The ID Act

The Himachal Pradesh High Court (Division Bench) reaffirms, following binding Full Bench and Supreme Court precedents, that stale or belated claims—especially those raised after long acquiescence and regularization—cannot be referred for adjudication under Section 10(1) of the Industrial Disputes Act, 1947. This ruling upholds existing law and serves as binding authority for subordinate courts and […]

LawSikho
September 10, 2025
7 Mins Read
72 Views
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Does Delay and Laches Bar Reference of Industrial Disputes After Long Periods? Himachal Pradesh High Court Reaffirms Stale Claims Principle and Binding Value of Full Bench Precedents

The Himachal Pradesh High Court has upheld existing legal principles that claims for reference to the Labour Court under the Industrial Disputes Act cannot be entertained after inordinate, unexplained delay and laches. The judgment affirms previous Full Bench and Supreme Court authority, confirming that stale or dormant disputes need not be referred, with sector-wide implications […]

LawSikho
September 10, 2025
6 Mins Read
82 Views
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Can the Appropriate Government Refuse to Refer Stale Industrial Disputes to the Labour Court Due to Inordinate Delay? Clarification and Affirmation of Binding Precedents on Delay and Laches in Industrial Dispute References

The Himachal Pradesh High Court has reaffirmed that inordinate and unexplained delay in raising an industrial dispute may justify refusal by the Government to refer such disputes to the Labour Court. This ruling follows and affirms prior Full Bench and Supreme Court decisions, reinforcing their binding authority on all subordinate courts within Himachal Pradesh. The […]

LawSikho
September 10, 2025
6 Mins Read
68 Views
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When Can the Government Refuse to Refer an Industrial Dispute Due to Delay? — Precedent Reaffirmed on Stale Claims Under Section 10(1) of the Industrial Disputes Act

The Himachal Pradesh High Court reaffirms that the government may refuse to refer an industrial dispute to the Labour Court if the claim is stale or suffers from unexplained delay and acquiescence. The division bench follows and applies binding Full Bench and Supreme Court precedents, holding such refusal as justified under Section 10(1) of the […]

LawSikho
September 10, 2025
6 Mins Read
62 Views
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Can Delay and Laches Bar Reference of Industrial Disputes for Fictional Breaks — Himachal Pradesh High Court Affirms State’s Power Not to Refer Stale Claims under Section 10(1) ID Act

The Himachal Pradesh High Court reaffirms that the State Government is empowered to refuse reference of industrial disputes under Section 10(1) of the Industrial Disputes Act, 1947 if the claim is stale or delayed, aligning with long-standing Supreme Court and Full Bench precedents; remains binding authority for all courts in Himachal Pradesh and persuasive across […]

LawSikho
September 10, 2025
6 Mins Read
98 Views
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Does Compensation for Land Acquisition Become Barred by Delay, Laches, or Implied Consent When State Constructs Public Roads Without Due Process? — Affirmation of Article 300A and Rejection of State’s Defenses

The Himachal Pradesh High Court reaffirms that the State cannot deprive landowners of compensation for land used in public projects, even after long delay or alleged implied consent, upholding established Supreme Court and High Court precedents; confirms binding authority under Article 300A of the Constitution for all similar future acquisition cases involving delayed or purportedly […]

LawSikho
September 10, 2025
6 Mins Read
110 Views
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Can a Candidate’s Teaching Experience Gained on PTA/SMC Basis in a Government School Be Ignored Merely Due to Lack of Prior Departmental Permission?

The High Court of Himachal Pradesh clarified that teaching experience acquired by working in a government school, as certified by the school principal, cannot be disregarded by selection committees solely because the initial appointment was made by PTA/SMC without departmental sanction. The court expressly rejected contrary administrative practices, reaffirming that “experience” is the relevant criterion. […]

LawSikho
September 10, 2025
3 Mins Read
76 Views
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Can a Writ Petition Seeking Further Relaxation of Cut-off Date and Upper Age Limit Survive When the Government Already Grants the Requested Relief?

Where a writ petition challenges recruitment criteria, the petition becomes infructuous & disposed of when the State extends sought relaxation, affirming procedural precedent. Summary Category Data Case Name WPC/4681/2025 of SUDHAKAR JHA Vs THE STATE OF JHARKHAND CNR JHHC010237422025 Date of Registration 25-08-2025 Decision Date 02-09-2025 Disposal Nature Infractous Judgment Author Sri Ananda Sen, […]

LawSikho
September 10, 2025
4 Mins Read
118 Views
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When and How Can a Criminal Court Order Interim Release of a Seized Vehicle Not Used by Its Owner in the Commission of an Offence? – Madras High Court’s Clarification and Conditional Approach

Madras High Court upholds that courts may direct the interim return of a seized vehicle to a non-accused registered owner, subject to conditions, particularly when the owner was not involved in the alleged offence and prolonged impoundment would cause undue hardship. This stands as binding precedent for subordinate courts in Tamil Nadu and further clarifies […]

LawSikho
September 10, 2025
3 Mins Read
84 Views
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Can a Court Order Local Investigation under Order 26 Rule 9 CPC without Sufficient Description of the Disputed Property?

The Calcutta High Court reaffirmed that, in the absence of clear boundaries or sufficient description of the disputed property in the pleadings, an order for local investigation under Order 26 Rule 9 CPC cannot be granted. This judgment upholds existing precedent and is binding on subordinate courts dealing with property disputes and applications for local […]