UMESH SAHARA AND ORS. Vs. ASHOK KUMAR

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India the petitioners is praying for quashment of order dated 04/10/2016 passed by the Industrial Court, Indore in Criminal Appeal No. 1/MPIR/15.

(2.) The facts of the case are that the respondent was employee in the petitioners company, who was terminated from the service in the month of December, 1999. Then respondent filed an application before the Labour Court seeking relief of reinstatement with back wages, which was allowed vide order dated 14/06/2006. The aforesaid order was challenged before the Industrial Court, Indore in appeal No. 390/MPIR/2006. The said appeal was partly allowed by order dated 03/08/2007 and it was directed that the respondent be resinstated without giving any back wages. It is alleged that Factory Manager, Ruchi Strips and Alloys Ltd. Village Sejwai Ghata Billod District-Dhar by its letters dated 18/07/2006 and 26/07/2006 had directed the respondent to report for duty. However, he did appear for duty and after serving for few days, he had vanished and never come.

(3.) After, 2006, for the first time the petitioners received a notice dated 27/09/2011, wherein the respondent claimed that depite the order passed by the Industrial Court, he has not been reinstated and on the strength of that notice a complaint was submitted before the Labour Court, District-Dhar on 14/08/2012. The labour Court taking cognizance on the complaint, issued process against the petitioners. Then petitioners appeared before the labour Court and raise an objection alleging that the complaint filed by the respondent is barred by limitation, however, the labour Court rejected his application vide order dated 19/11/2013 and on appeal, Industrial Court, directed the court below to consider and decide the objection raise by the petitioners by giving opportunity of adducing evidence to both the parties.