R.S.BACHAWAT, S.M.SIKRI, V.RAMASWAMI
Nityananda, M. Joshi – Appellant
Versus
Life Insurance Corporation Of India – Respondent
Judgment
SIKRI, J.: These appeals by special leave are directed against the order of the Central Government Labour Court, Bombay holding that the applications filed by the appellants against the Life Insurance Corporation of India under Section 33C (2) of the Industrial Disputes Act, 1947, were barred under Article 137 of the Limitation Act, 1963, insofar as the claim was for period beyond three years. In holding this the Labour Court followed the decision of the Full Bench of the Bombay High Court in The Manager M/s. P. K. Porwal v. The Labour Court, (1968) 70 Bom LR 104 (FB). The Bombay High Court held that applications filed under Section 33C (2) of the Industrial Disputes Act prior to its amendment by Central Act XXXVI of 1964 were governed by the period of limitation laid down in Article 137 of the Limitation Act, 1963, and this article applied to applications under laws other than those contained in the Civil Procedure Code, 1908.
2. This Court in Town Municipal Council, Athani v. The Presiding Officer, Labour Court, Hubli, Civil Appeals Nos. 170 to 173 of 1968, D/- 20-3-1969 has dissented from the decision of the Bombay High Court and has held that Article 137 of the Limitatio
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