Back
SANDEEP V. MARNE
Divisional Controller, M. S. R. T. C. Central Bus Depot – Appellant
Versus
Subhash Mahadev Desai – Respondent
JUDGMENT :
1. Maharashtra State Road Transport Corporation has filed this petition challenging the Award dated 26 March 2018 passed by the Presiding Officer, Labour Court-I, Kolhapur in Reference (IDA) No. 65 of 2014. By the impugned Award, the Labour Court has partly answered the Reference in affirmative and has set aside the Order dated 16 March 1998 dismissing the Respondent from service. The Labour Court has directed the Petitioner to reinstate the Respondent in service alongwith continuity and consequential benefits. The Labour Court has further directed payment of 30% backwages to the Respondent from 16 March 1998 till the date of reinstatement.
2. The Respondent was employed as a Bus Driver with the Petitioner-Transport Corporation and was deputed to drive the Bus on Belgaum-Kolhapur route on 9 November 1996. Apparently, an accident took place while the Respondent was driving the bus, which dashed against a private bus resulting in some damage to the bus. It is alleged that when Respondent approached the Police Station to report the accident, a private settlement took place between the Respondent and owner of the private bus. The owner of the private bus showed willingness to
The judgment establishes that while the I.D. Act does not specify a limitation period for raising industrial disputes, unreasonable delay in doing so can prejudice the opposing party and impact the a....
The absence of a prescribed time limit for making a reference to the Labour Court should be considered in conjunction with general principles of delay and laches, and the plea of delay, if raised by ....
The existence of industrial dispute is essential for making a reference, and mere delay in raising the dispute cannot be a ground for refusing to make a reference. The government's opinion about the ....
A significant delay in raising an industrial dispute can render it stale, even in the absence of a statutory limitation period.
Principle of jurisprudence that a right not exercised for a long time is non-existent. Even when there is no limitation period prescribed by any statute relating to certain proceedings, in such cases....
In absence of any evidence produced by the petitioner workman establishing that he had worked under the Respondent continuously for 240 days and, coupled with the fact that the industrial dispute has....
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
It is again on issue of delay where there is no express provision for it. Whereas, in the present case, there is express provision providing limitation to prefer a Reference / claim before the Labour....
Courts cannot interfere in a matter after passage of a certain length of time.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
