STATE OF C.G. Vs. DINESH KUMAR TIWARI

JUDGEMENT

(1.) This petition has been filed under Article 226/227 of the Constitution of India assailing the legality and validity of the award dtd. 31/3/2016 passed by the Labour Court, Janjgir Champa in Case No.04/I.D.A./2015 (Ref.), whereby the respondent/employee was reinstated in service without back wages and it was further directed that the period during which the respondent/employee was out of service shall be computed for all practical purposes.

(2.) Facts of the case are that the respondent/employee was appointed purely on temporary basis on the post of Roller Helper in the petitioner Department vide order dtd. 21/5/1990. However, his services were discontinued from 30/4/1993. The respondent/ employee raised an industrial dispute after more than 22 years stating that his termination is illegal and bad in law, though he has already completed more than 240 days preceding to his termination in every calender year. Without any payment of retrenchment compensation or legal notice, his services were discontinued, which is in violation of Sec. 25-F of the Industrial Disputes Act, 1947 (henceforth 'the Act, 1947'). The said reference was allowed by the impugned award. Hence this petition.

(3.) Learned counsel for the petitioners would submit that the industrial dispute has been raised after the considerable lapse of time and the respondent/employee slept over the matter for number of years and, therefore, it can be presumed that he has accepted the factum of his termination. He further submits that in Sec. 2A of the Act, 1947, an amendment has been made by the Act No.24 of 2010 with effect from 15/9/2010. A workman may make an application direct to the Labour Court for adjudication of the dispute after the expiry of forty-five days from the date he has made the application to the concerned officer of the appropriate Government. The application referred to in sub-sec. (2) shall be made to the Labour Court before the expiry of three years from the date of dismissal or retrenchment. In the instant case, the respondent/employee was terminated on 30/4/1993, whereas reference was preferred before the Labour Court in the year 2015. Therefore, on the ground of delay and laches, his claim itself was not maintainable. Reliance is placed in the matter of Prabhakar Vs. Joint Director, Sericulture Department and Another,(2015) 15 SCC 1.