BITTU SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD . The grievance of the petitioner is that the Labour Court has dismissed the case on the ground of delay. It is contended by Mr. Prashant Mishra that in fact no delay had been committed in filing the petition before the Labour Court. My attention has been drawn to the petition filed in the State Administrative Tribunal at Jabalpur in which it was stated amongst other things that the petitioner had filed the petition at Raipur for redressal of grievance. A prayer, therefore, was made that the petitioner be allowed to withdraw her petition on this ground. The said petition was disposed of by the learned State Administrative Tribunal on 15-11-1996. In the said order, the fact that the petitioner desired to file the petition before the Labour Court was not reflected. It appears that this fact has also contributed to the order of dismissal passed by the Labout Court. The grievance of the petitioner is that her case deserves to be decided on merits and that the petition ought not to have been dismissed on the ground of delay.

(2.) AFTER hearing learned counsel for both the sides and on perusal of relevant portions of the pleadings including reply filed by the respondents. I am of the view that it would meet the ends of justice if the matter is decided on merits. Accordingly the impugned order passed by the Labour Court on 28-12-1998 and also order dated 12-4-1999 passed by the Industrial Court are set aside. The matter be remitted to the Labour Court for decision on merits after issuing notices to the parties. Petition Allowed.