RAVIKUMAR Vs. THE MANAGEMENT, TAMIL NADU STATE TRANSPORT CORPORATION, TIRUNELVELI DIVISION, VANNARAPETTAI, TIRUNELVELI - 627 003

JUDGEMENT

(1.) The above Writ Petition has been filed challenging the order passed by the second respondent in I.D. No.64 of 2014, dated 20.06.2016 and for consequential direction to the second respondent to decide the Industrial Dispute in I.D. No.64 of 2014 afresh on merits within the stipulated time.

(2.) The case of the petitioner in the Writ Petition are as follows:-

(3.) The learned Counsel for the petitioner submitted that the limitation prescribed as per 2010 amendment is not applicable in the case of petitioner who was dismissed from service before the amendment came into force. It was his further submission that the amended provisions of Sec. 2A(2) and 2A(3) of the Act does not repeal Sec. 10 of the Act. Since Sec. 10 remains in the statute book, the petitioner can approach the Labour Court by raising the industrial dispute, in view of the non abstanti clause. The Labour Court failed to consider that the petitioner can seek remedy either under Sec. 10 of Industrial Disputes Act or under the amended provisions of Sections 2A(2) of the Act.