S K SAJEER Vs. COURT MADHYA PRADESH INDORE

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution challenging the validity of an Oider passed by the Industrial Court whereby a revision filed by the petitioner under section 66 of the M. P. Industrial Relations Act, 1960, was dismissed as barred by time.

(2.) THE petitioner's revision under secdon 66 of the Act before the Industrial Court was from an order dated December 6, 1968, passed by the Labour Court. THE revision was filed on April 5, 196V. THE period of limitation for such a revision is 30 days. Sub-section (2) of section 66 reads thus :-

(3.) LEARNED counsel for the respondents Nos. 2 to 4 contends that the period to be excluded under the proviso to section 66 (2) of the Act is only that period which is requisite for obtaining a copy when an application is made for obtaining a copy but not otherwise and on that argument it is urged that where a copy is supplied under the second proviso to rule 58 (1), then there is no question of exclusion of any period under the proviso to section 66 (2). We are, clearly, of the opinion that having regard to the plain language of the second proviso to rule 58 (1) when it is imperative that a copy shall be supplied to the parties, the parties can wait for a copy to be supplied to them and then prefer a revision under section 66. It will, therefore, be a reasonable interpretation of the second proviso to rule 58 (1) that the period which intervenes between the date of the order and the date on which such a copy is supplied should be excluded under the proviso to section 66 (2) of the Act.