K SELVARAJ Vs. PONDS INDIA LIMITED

JUDGEMENT

(1.) THE order dated 19. 1. 1998 made in I. A. NO. 21 of 1995 in I. D. No. 55 of 1993 on the file of the second respondent non-suiting the petitioner to set aside the order of dismissal of I. D. No. 55 of 1993 dated 6. 1. 1995 is put in issue in this writ petition.

(2.) THE case of the petitioner is that he joined the services of the first respondent on 19. 4. 1984. On 1. 7. 1988, his services were regularized. However, by an order dated 14. 5. 1993, he was terminated from services on the basis of some charges and irregularities and a biased enquiry. The petitioner raised a dispute, which culminated in filing of I. D. No. 55 of 1993 on the file of the second respondent. Ultimately, the said dispute came to be dismissed on 6. 1. 1995, as the claim statement was made belatedly.

(3.) THAT order was sought to be set aside at the instance of the petitioner by filing I. A. NO. 21 of 1995. However, the second respondent non-suited the petitioner on the premise that as per Rule 10 (B) (1) of the Industrial Disputes Rules, for adjudication before the Labour Court, the party raising the dispute has to file his statement of claim complete with relevant documents and list of reliance and witnesses within fifteen days of the receipt of the order of reference. Rule 10 (B) (2) of the said Rules provides that on receipt of the claim statement, the date of hearing has to be fixed not beyond one month from the date of receipt of the order of reference and a written statement by the respondent should be filed with list of documents and witnesses within fifteen days from the date of first hearing. Rule 10 (B) (3) of the said Rules provides for grant of further fifteen days time. As per Rule 10 (B) (8) of the said Rules, the Court should not ordinarily grant an adjournment for a period exceeding a week at a time, but in any case, not more than three adjournments at the instance of the parties to the dispute.