PUNJAB STATE FEDERATION OF CONSUMER CO-OPERATIVE WHOLESALE STORES LTD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) CONSTOFED, popularly known and a short name for Punjab State Federation of Consumer Co-operative Wholesale Stores Ltd. , is the petitioner, who challenges in this writ petition the proceedings, which have been initiated by Baldev Singh respondent No. 2 before the Labour Court, Chandigarh, under Section 33 (C) (2) of the Industrial Disputes Act on the ground of limitation. Baldev Singh was suspended on July 8, 1983 and he is still under suspension. In the application filed under Section 33 (C) (2) of the Act, he claims arrears of suspension allowance from July 8, 1983, to May 26, 1991.

(2.) THE contention of counsel for the petitioner is that since tinder the Limitation Act, there is a limitation of three years for approaching the Court for claiming arrears of salary etc. , the same period should be applicable to the claim like petition under Section 33 (C) (2) of the Industrial Disputes Act and the application being barred by limitation should not have been entertained and the proceedings before the Labour Court should be quashed

(3.) WE are afraid this contention cannot be accepted. Under Section 33 (C) (2) of the Industrial Disputes Act, the workman is not supposed to get his claim adjudicated. The purpose of that application is only to compute the money already due to him on account of salary etc. No period of limitation under the Industrial Disputes Act is provided for moving such an application under Section 33 (C) (2) of the Act and the general principle of three year's limitation for filing suit would not be attracted to such an application.