BHARAT HEAVY ELECTRICALS Vs. RATANLAL

JUDGEMENT

(1.) Heard.

(2.) Contentions are that the petitioner Unit in the State of Madhya Pradesh at Bhopal being engaged in manufacture and sale of Electrical Goods and Machinery was governed by the provisions of M.P. Industrial Relations Act, 1960 because of entry No.3 of Schedule notified under Section 1(3) of 1960 Act vide Gazette Notification No.9952-XVI dated 31/12/1960, till it was omitted vide notification No.F-6-15/04/A/16 dated 10/10/2005. That the services of respondent was dispensed with by an order of dismissal on 25/9/2004, which could have been agitated within the period of limitation prescribed under Section 62 of the M.P. Industrial Relations Act, 1960 only and the remedy under the Industrial Dispute Act, 1947 was barred as per Section 110. It is urged that having not agitated his dismissal within the limitation period under 1960 Act the respondent could not have raised the dispute, under Industrial Disputes Act 1947 after 10.10.2005 and that the entertainment of a dispute and reference thereof to the CGIT for its adjudication is beyond the powers of Central Government.

(3.) The proponent as culled out from pleadings and the submissions is propounded on a proposition that a forum provided for redressal of a grievance under a statute is a substantive right and if such a right is not exercised under the very statute as per its provision when the cause of action ha accrued , the right of action in future is lost irrespective of fact that the forum for redressal of grievance have changed and different statue is applicable whereunder the right of action survives.