BALWAN SINGH Vs. SAHARA INDIA PARIVAR

JUDGEMENT

(1.) The challenge in this writ petition is to the Award dated May 06, 2013 passed by the Central Government Industrial Tribunal cum Labour Court No.1, Karkardooma, Delhi ('Tribunal' in short) in I.D No.1/2013, whereby the Tribunal has dismissed the claim filed by the petitioners against his alleged termination beyond a period years as prescribed by sub-Section 3 of Section 2-Aof the Industrial Disputes Act, 1947 (in short 'Act').

(2.) Three petitioners were appointed by the respondent No.1 as Security Assistant (petitioner No.1 & 2) and Engineering Assistant (petitioner No.3) with the respondent No.1. The merger took place between the respondent No.1 and respondent No.2. It is the case of the petitioner Nos.1 & 2 that they were transferred to Lucknow and the petitioner No.3 to Basti. According to them, they were not allowed to join the duties at the respective places. Their services were dispensed with in the last week of January, 2007.

(3.) It is noted that a demand notice was sent by the petitioners on August 11, 2007. The petitioners filed the claim petition on March 20, 2013 under sub-Section 2 of Section 2-A of the Act. According to them, they had approached the Tribunal pursuant to a certificate dated October 29, 2012 issued by the Conciliation Officer under Section 2(a) & 3 of the Amendment Act of 2010. The Tribunal rejected the claim vide the impugned order on the ground that the same has been preferred after a period of limitation as prescribed under sub-Section 3 of Section 2-A of the Act.