KARTIK RAM Vs. STATE INDUSTRIAL COURT

JUDGEMENT

(1.) THE petitioner was in the services of B.N.C. Mills, Rajnandgaon as a Drill Man. His services were terminated after disciplinary enquiry on 4.5.82. He approached the Labour Court under section. 31 (3) of the M.P.I.R. Act (for short the 'Act') for relief of reinstatement in service and back wages.

(2.) THE record of the Labour Court shows that evidence was recorded in the case by the parties and the case was fixed on 8.10.94 for arguments. On that day the petitioner and his counsel both were absent. The Labour Court, therefore, dismissed his case on 8.10.94.

(3.) THE employer (respondent No.2) invoked the powers of the Industrial Court of Superintendence under section 67 of the Act. The Industrial Court by the impugned order made on 14.9.92 (Annex. J) held that the application for restoration could have been filed within a period of 30 days in accordance with the provisions of Order 9 Rule 13 of the Code of Civil Procedure. It was barred by limitation. It is also held that the employee having not explained such a long delay of 20 months satisfactorily it was not liable to be condoned.