SHRI SURENDER KUMAR (WORKMAN) Vs. THE PRESIDING OFFICER

JUDGEMENT

(1.) The Petitioner has challenged the award dated 28.11.2008 passed by the learned Labour Court -XVIII in ID No. 86/2008 in case titled as The Workman Sh. Surinder Kumar v/s. The Management M/s Ashok Hotel.

(2.) By virtue of the aforesaid award, the learned Labour Court has held that the industrial dispute raised by the Petitioner regarding his dismissal/discharge is barred by time inasmuch as according to Sec. 10(4) (A) the Industrial Disputes Act regarding dismissal or discharge by a workman can be raised within a period of 12 months from the date of communication of the order of discharge/dismissal.

(3.) The learned Counsel for the Petitioner has contended that the notice of termination of his service dated 15.6.2007 was received by him by post on 15.7.2007 and thereupon the Petitioner raised an industrial dispute and filed his statement of claim before the Labour Court on 8th July, 2008 which happens to be well within a period of 12 months from the date of his alleged communication of termination order.