The power of the Labour Court/Industrial Tribunal to mold relief in case of delay in raising the dispute.

ORDER :

1. This petition is filed under Articles 226 and 227 of the Constitution of India in which the petitioner has prayed that the Award dated 13.10.2017 passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No. 266 of 2014 be quashed and set aside so far as denial of arrears is concerned and thereby the said award be modified.

2. Heard learned advocate Mr. P. C. Chaudhari for the petitioner and learned advocate Mr. H. S. Munshaw for respondent No.1.

3. Looking to the issue involved in the present petition, learned advocates appearing for the parties requested that the petition be decided finally at an admission stage. Hence, Rule. Learned advocate Mr. H.S. Munshaw waives service of notice of Rule for the respondent No.1.

4. Learned advocate for the petitioner submitted that petitioner is the Union registered under the Trade Union Act and most of the employees working in the respondent Corporation are bona fide members of the petitioner Union. It is submitted that with respect to one Mukesh Chandrakant Modi, Junior Clerk working with the respondent Corporation, certain demands were raised by the petitioner Union by way of Reference bearing Reference (IT) No. 266 of 2014. It is submitted that the competent authority referred the dispute wherein the petitioner filed statement of claim before the Industrial Tribunal. Respondent also filed Written Statement before the Tribunal. Inquiry papers were also submitted before the Tribunal by the respondent. The Tribunal, after appreciating the documentary as well as oral evidence, recorded the findings that the findings recorded by the Inquiry Officer are illegal and on the basis of the presumption and assumption. The learned Tribunal has also recorded the findings that the punishment imposed by the respondent is not tenable in the eyes of law. Therefore the Tribunal has specifically recorded that as the findings recorded by the Inquiry Officer are illegal, the order of penalty of stoppage of two increments with future effect is also required to be quashed and set aside. Learned advocate Mr. Chaudhari would submit that though the aforesaid findings are recorded by the Tribunal, the Tribunal has not awarded any monetary benefits to the petitioner on the ground that the petitioner has raised the dispute after a period of 10 years.

Learned advocate Mr. Chaudhari would contend that no doubt there is delay of 10 years in raising the dispute, however, the Tribunal ought to have awarded monetary benefits for the period from filing of the reference i.e. from the year 2014 till the date of the Award. Learned advocate, therefore, urged that to the aforesaid extent the Award passed by the Tribunal be modified and necessary benefits be granted to the petitioner. It is also contended that limitation would not be applicable to the proceedings filed before the Labour Court/Industrial Tribunal and even in case of delay in raising the dispute, the Labour Court/Industrial Tribunal is empowered to mould the relief. In support of the said contention, learned advocate Mr. Chaudhari has placed reliance upon the decision rendered by the Division Bench of this Court in the case of Dhanjibhai Bhanabhai Alias Bhanjibhai Maru, rendered in Misc. Civil Application No.1 of 2017 in Letters Patent Appeal No.906 of 2016.

Learned advocate, therefore, urged that the aforesaid Award be modified.

5. On the other hand, learned advocate Mr. Munshaw appearing for the respondent has opposed this petition. Learned advocate submitted that there was delay of more than 10 years in raising the dispute by the petitioner and therefore the Tribunal has rightly not awarded any monetary benefit to the petitioner on the ground of delay in raising the dispute. Learned advocate would further submit that the order of penalty passed by the respondent corporation is already implemented even before raising of the dispute and therefore the Tribunal has not committed any error while not awarding any monetary benefits to the petitioner for th