NARAIN DUTT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) For the reasons mentioned in the application, delay of 2 days in filing the appeal is condoned. C.M. stands disposed of. LPA-1475-2018: This intra court appeal under clause X of the Letters Patent is directed against the judgement and order dated 01.08.2018 passed by learned Single Judge dismissing the writ petition filed by the petitioner (appellant herein) challenging the award of the Labour Court dated 28.02.2018 rejecting the same on the ground of delay and laches.

(2.) Admittedly, the service of the appellant, who was working as daily wage labourer, was terminated on 20.06.2004. A demand notice was served by the appellant on 07.09.2016 after about 12 years and subsequently claim statement was filed before the Labour Court which was dismissed on the ground of inordinate delay and laches. Learned Single Judge has also dismissed the writ petition on the same ground.

(3.) Learned counsel for the appellant vehemently contended that both the Labour Court and the learned Single Judge have committed a manifest error of law in rejecting the claim as barred by limitation since under the provisions of Sec. 10 (2-A) of the Industrial Disputes Act, 1947, no limitation is prescribed, therefore, the claim of the appellant could not have been thrown out on the ground of limitation. Reliance has also been placed on the judgement of the Honourable Apex Court in the case of Sapan Kumar Pandit Vs. U.P. State Electricity Board, 2001(3) S.C.T. 806 : 2001 LLR 900 and a Division Bench judgement of this Court in the case of Ram Kumar Vs. Presiding Officer, 2002(2) SCT 323.