PRABHULAL Vs. M.P. ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition has been filed challenging the order passed by the learned Industrial Court dated 26.9.2001 Annexure P -7 in Appeal No.72/ MPIR/2001, by which the application filed by the petitioner u/Ss 61, 62 and 31 (3) of the M.P. Industrial Relations Act, 1960 has been ordered to be rejected as barred by limitation in view of the provisions as contained u/s 62(i) of the MPIR Act.

(2.) IT is the case of the petitioner that he was engaged on 18.6.1982 as a permanent employee of the respondent Board. The name of petitioner found place at serial No.353 in the gradation list dated 30.11.1983 and at serial No.131 in the gradation list of the year 1983 -84 issued by the Divisional Office of the M.P. State Electricity Board, Garoth. Without termination of his services, he was not allowed to perform the duties. On reaching to the office by petitioner to perform the duties on 16.10.1983, the Assistant Engineer Shri B.D. Fookwal has not allowed him to work, on the pretext that work is not available, he may come after two or four days. The petitioner has again reached to the office to perform his duties but not permitted to join and to perform work and the salary was also not paid to him. It is further a case of the petitioner that he had moved some applications to the higher authorities but no action was taken by them. Thereafter, petitioner has filed the case before Labour Court, under section 61, 62 and 31 (3) stating the aforesaid facts, the prayer was made, to direct the respondents, to join him on duty, and to take work with him. It was also prayed to pay wages to him from due date.

(3.) THE Labour Court has framed as many as three issues, wherein the issue No.2 was framed towards belated filing of the application before the Labour Court. Issues No.1 and 3, relating to relief claimed on merit. In the award Labour Court first discussed the merit of the case by dealing issues No.1 and 3, thereafter, finding has been recorded in paragraph 4 towards issue No.2 and held that filing of the application before the Labour Court is within the limitation. However, Labour Court has passed the award on 29.1.2001, directing the respondents to take him back on duty, and pay salary to him according to law.