SUMAN LATA SRIVASTAVA Vs. P O, LABOUR COURT

JUDGEMENT

(1.) By means of this petition, the petitioner is challenging the award of the Labour Court dated 2.9.1998 passed in adjudication case no. 67 of 1995.

(2.) The facts of the case, in brief, are that the petitioner raised an industrial dispute in the year 1991 claiming that she had been engaged as a clerk in the establishment of the respondent no. 2-employer from 1.5.1979 to 31.7.1979 and that her services had been dispensed with on 1.8.1979. The said dispute was referred by the State Government to the Labour Court by a notification dated 24.1.1992 under section 4-K of the U.P. Industrial Disputes Act, 1947.

(3.) Before the Labour Court, the petitioner appeared as a sole witness reiterating her case in her claim that she had been engaged by the respondent no. 2 from 1.5.1979 till 31.7.1979 on the post of clerk. On the other hand, on behalf of the employer, one Shri G.P. Tiwari appeared as a witness. According to the statement of Shri G.P. Tiwari there is no document existing on the record of the employer which might go to show that the petitioner had ever been engaged as a clerk for the period from 1.5.1979 till 31.7.1979 and for this reason the attendance register also could not be produced since it was not in existence. Further objection was that the dispute itself was raised by the petitioner after a period of more than 11 years and, therefore, the claim was itself barred by limitation and could not been entertained by the Labour Court.