CHHOTELAL KESHAVRAM Vs. INDUSTRIAL COURT

JUDGEMENT

(1.) THIS order will also govern the disposal of Miscellaneous Petition No. 581 of 1964.

(2.) THESE two applications under Articles 226 and 227 of the Constitution by the manager of Chhotelal Keshavram, bid manufacturers of Rajnandgaon, are for the issue of writs of certiorari for quashing two orders of the industrial court, dated 10 September 1964, rejecting two revision petitions filed by the applicant against the decisions of the presiding officer of the labour court, Raipur, setting aside the orders passed by the petitioner dismissing the non-applicants, Urukuda and Jamnabai, in the two petitions and directing the petitioner to reinstate them and pay them In full back-wages.

(3.) THE two revision petitions were dismissed by the industrial court on the common ground that they were barred by time. The orders of the labour court sought to be revised were passed on 31 January 1964. The applicant despatched the revision petitions by post from Rajnandgaon to Indore on 30 March 1964, and the petitions were received in the office of the industrial court on 2 April 1964. The learned president of the Industrial court held that under Section 66 (2) of the Madhya Pradesh Industrial Relations Act, 1960, the period of limitation for a revision petition was thirty days from the date of the order of the labour court and in computing this period of thirty day a the period requisite for obtaining a copy of the order of the labour court had to be excluded; and that even after excluding the time taken by the petitioner in obtaining copies of the orders, the two revision petitions were out of time inasmuch as the limitation period, after taking into account the period requisite for obtaining copies of the orders, expired on 22 March 1964. He further rejected the petitioner's prayer for condonation, under Section 5 of the Limitation Act, of delay In the filing of the revision petitions on the ground that the petitioner had not explained the delay in the filing of the petitions from 22 March 1064 to any date up to 30 March 1964 when the revision petitions were posted at Rajnandgaoa.