P K PORWAL Vs. LABOUR COURT NAGPUR

JUDGEMENT

(1.) Sri Quazi; who appears for the petitioners, contends that the provisions which were considered by their lordships of the Supreme Court in Bombay Gas Company v. Gopal Bhiva [1963 - II L.L.J. 608] are not the same as are now obtainable. The provisions that were considered by the Supreme Court in that case were provisions of the Limitation Act of 1908 which is no longer applicable to the present state of circumstances. The Limitation Act of 1908 was repealed and the Limitation Act 36 of 1963 was brought in force. The Act came into force on 1 January, 1964 and the application were made by the workers after April, 1964.

(2.) Sri Quazi contends that there were several changes brought about in the law of limitation which materially affect the question of limitation in regard to applications made in industrial disputes. In the first instance; the word "application" which was not defined in the old Limitation Act of 1908 has now been defined.

(3.) Secondly, it was pointed out by Sri Qazi that the entire law of limitation was consolidated and amended and the old Limitation Act was repealed in pursuance of a report submitted by the Law Commission upon the Limitation Act in 1963. In Part II of the said report, Para. 9, the observations of the Law Commission are the following :