DIPANKAR JHA Vs. ABBOTT HEALTHCARE PRIVATE LIMITED

JUDGEMENT

(1.) This Intra Court Appeal is directed against the judgment passed by learned Single Judge in W.P(L) No. 1299 of 2023, whereby the writ application filed by the respondent was allowed and Industrial Award dtd. 10/9/2022 passed by learned Presiding Officer, Labour Court, Bokaro in I.D Case No. 01 of 2017, was set aside treating it to be beyond jurisdiction.

(2.) The brief fact of the case is that the Respondent- Company dismissed the appellant from services of the Company with effect from 25/2/2013 vide letter dtd. 20/2/2013. Thereafter, the appellant filed an application invoking the jurisdiction of learned Presiding Officer, Labour Court, Bokaro under Sec. 2A(2) of Industrial Disputes Act, 1947 as amended by the Industrial Dispute (Amendment) Act, 2010 on 12/4/2017 i.e., after a gap of more than 4 years.

(3.) Before the Labour Court, the Respondent-Company took a specific plea in its written statement that the application filed by the applicant-appellant is not maintainable as the same has been filed beyond the period of 3 years from the date of dismissal of the appellant; however the learned Presiding Officer, Labour Court failed to frame any issue with regard to maintainability of the application filed by the appellant nor dealt with the said pleading under Sec. 2A(2) of the Act and finally allowed the application of this appellant by directing the Respondent-Company to reinstate the appellant-workman with continuity in service and 30% of the total back wages from the date of his dismissal till his reinstatement.