BHARAT ALUMINIUM COMPANY LTD Vs. DASHRATH SINGH

JUDGEMENT

(1.) THIS petition, filed by the Bharat Aluminium Company limited (for short 'balco') impugns the order dated 13. 12. 2007 (Annexure P/1) passed by the Industrial Court in Civil Appeal no. 33/cgir Act/a-II/07, whereby the order dated 04. 04. 2007, passed by the Labour Court, Korba, rejecting the application of the respondent on the ground of delay, was set aside.

(2.) THE brief facts necessary for disposal of this case are that the respondent working as Senior Attendant was terminated by order dated 14. 08. 2004 (Annexure P/2 ). The respondent preferred a writ petition being No. 2473/2005 on 13. 6. 2005 in this Court. This Court, on 20. 6. 2005 permitted the respondent to withdraw the petition with liberty to file an appeal before the Labour Court. The respondent, thereafter preferred an application under section 31 (3) of the Chhattisgarh Industrial relations Act, 1960 (for short 'the Act, 1960 ). The petitioner preferred a preliminary objection under provisions of section 62 of the Act, 1960, the limitation period is one year from the date of termination of services. The Labour Court, after having considered the objection of the petitioner, held that the application of the respondent was filed beyond the period of limitation with delay of 9 months and dismissed the application of the respondent on 04. 04. 2007 (Annexure P/6 ).

(3.) FEELING aggrieved, respondent preferred an appeal being civil Appeal No. No. 33/cgir Act/a-II/07, before the State industrial Court, Chhattisgarh, Bench at Bilaspur. The industrial Court, after having considered the submissions of both the parties, vide order dated 13. 12. 2007 (Annexure P/1), set aside the order dated 04. 04. 2007 (Annexure P/6) passed by the Labour Court, and remanded back the matter for fresh decision on merit. Thus, this petition.