SUGNA RAM Vs. BIRLA WHITE CEMENT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 18.05.2018 (Annex.-7) passed by the Labour Court, whereby the application filed by the petitioner seeking setting aside of order/award dated 02.06.2008, has been rejected. The petitioner on a dispute being referred by the appropriate Government was required to file his statement of claim pertaining to termination of his services w.e.f. 14.08.1988. However, after seeking time on four occasions, when the matter was listed before the Labour Court on 02.06.2008, the following order-sheet was drawn:- ...[VARNACULAR TEXT UMIITED]... Pursuant thereto, no dispute award dated 02.06.2008 (Annex.-4) has been passed, which award ultimately got published on 12.03.2009.

(2.) The present application seeking restoration was filed by the petitioner on 09.07.2017, inter alia, indicating that the claim was withdrawn by the petitioner, on account of assurance given/compromise arrived at between the parties, however, the same was not followed by the employer, and vacillating stands pertaining to the said aspects are being taken and ultimately the proceedings initiated by the petitioner before the authority under the Factories and Boilers Act, on account of jurisdiction, were disposed of and, therefore, the petitioner was left with no option but to approach the Labour Court for restoration of the proceedings. Along with the application seeking restoration, an application under Section 5 of the Limitation Act was filed seeking to explain the delay in filing the restoration application.

(3.) The application was contested by the respondents by filing reply, inter alia, indicating that there was no compromise between the parties and as the statement of claim was not filed on various dates, the same was withdrawn. Further, the averments made seeking to explain the delay in filing the application was also contested. The Labour Court after hearing the parties, came to the following conclusion:- ...[VARNACULAR TEXT UMIITED]...