MUNICIPAL COUNCIL GUNA Vs. KRISHNA PAL

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by order dated 03/06/2014 passed by learned Labour Court No.3, Camp Guna, Gwalior, whereby reference under Industrial Disputes Act filed by the respondent in the present petition has been accepted and order of retrenchment of the workman has been set aside by the concerning Labour Court without back wages.

(2.) The main objection which has been raised by the learned counsel for the petitioner is that section 2A has been inserted in the Industrial Disputes Act 1947 (in short "the Act") w.e.f 15/09/2010. Section 2A(3) of the Act provides that the application referred to in Sub -Section 2 shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in Sub -Section 1. According to the petitioner, since the services of the workman were dispensed with in the year 2000 and the reference was filed in the year 2012, therefore, the application, which was submitted by the respondent, was prima facie barred by time in the light of amendment in the Act vide Section 2 -A in which limitation has been prescribed, and therefore, dispute was not maintainable.

(3.) The learned counsel for the respondent/ workman has supported the order of learned Labour Court and has argued that prior to amendment in the Act and insertion of Section 2A, no limitation was prescribed and this amendment being prospective in nature can not be acted retrospectively. It is also argued that earlier workman had filed Case No. 100/2002, but in the light of State Government, Circular No.F/5 -4/2003/One/3 Bhopal dated 21/01/2004, he had withdrawn the case hoping that in terms of the said circular, he will be reinstated in service. Accordingly, it has been urged that dispute filed by the workman is within the limitation.