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PANKAJ BHATIA
Prem Sagar Vishwakarma – Appellant
Versus
Presiding Officer, Central Government Industrial Tribunal-Cum-Labour Court, Lko. – Respondent
| Table of Content |
|---|
| 1. legal representation and background of the case. (Para 1 , 2 , 8) |
| 2. impugned order’s reliance on statutory provisions. (Para 3 , 4 , 5) |
| 3. arguments from both parties regarding limitation. (Para 6 , 7 , 13) |
| 4. court's ruling based on legal interpretations. (Para 9 , 12 , 14) |
| 5. impact of repealing the industrial disputes amendment act. (Para 10 , 11) |
| 6. order for remand to tribunal for merit-based decision. (Para 15) |
JUDGMENT :
PANKAJ BHATIA, J.
1. Heard learned Counsel for the petitioner and learned ASG assisted by Sri Anand Dwivedi, learned Counsel appearing on behalf of the respondents no.1 and 2.
2. The present petition has been filed by the petitioner challenging the order dated 27.04.2023 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, whereby the application filed by the petitioner under Section 2 A of the Industrial Disputes Act, 1947 was dismissed as being time barred.
3. On perusal of the order impugned, it is clear that the Industrial Tribunal while rejecting the application relied upon the provisions of Section 2A as contained in the Act and introduced by virtue of Industrial Disputes (Amendment) Act, 2010.
4. On perusa
The repeal of Section 2A(3) of the Industrial Disputes Act allows claims previously barred by limitation to be maintainable, enabling redressal of grievances post-repeal.
The repeal of Section 2A(3) of the Industrial Disputes Act removed the limitation for filing applications for redressal, allowing the petitioner to approach the Tribunal without restriction.
The Labour Court cannot entertain applications under Section 2A of the Industrial Disputes Act, 1947 beyond the three-year limitation period from the date of dismissal, as this limitation is mandator....
Non-compliance with the mandatory provision of Section 33(2)(b) of the Industrial Disputes Act, 1947 renders the dismissal order void and inoperative, and the employer is bound to treat the employee ....
The court affirmed that dismissal without approval under Section 33(2)(b) is inoperative, and the employee is deemed to continue in service until approval is granted.
Dismissal during pendency of industrial proceedings without Section 33(2)(b) approval renders it inoperative; workman deemed continuing in service with automatic reinstatement and adjusted back wages....
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
Section 2-A of Act reads as dismissal, etc., of an individual workman to be deemed to be an industrial dispute.
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