ANAND KUMAR DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) DATE : 11 -04 -2014 Annexure -6 is an order of the Presiding Officer, Labour Court, Patna dated 18.08.1997 by which the complaint of petitioner filed under Section 26 (2) of the Bihar Shops & Establishments Act, 1953 (in short, "the Act") has been dismissed on the ground of limitation, though the Tribunal has decided Issue No.II in his favour finding that his termination was illegal.

(2.) FROM the facts of this case, this Court has found that after petitioner received his order of termination on 29.01.1993, he was pursuing the matter in right earnest with the respondents and had moved the Assistant Labour Commissioner also from whom he was advised to file a complaint before the competent authority under the provisions of the Act. Thereafter petitioner fell ill due to which for about two months he could not file complaint. In the circumstances it appears to this Court that the delay caused in filing of the complaint before the Tribunal was bona fide and was well explained.

(3.) HAVING heard learned counsels for the parties, this Court is of the view that submission of the learned counsel for the respondents is correct, so far as finding of the learned Tribunal on Issue No.II is concerned. But since this Court has found that the petitioner had reasonably explanation for the delay in filing the complaint, the Tribunal should have allowed his application for condonation of delay first and then should have allowed the parties to enter into merits.