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2004 Supreme(MP) 173

K.K.LAHOTI, DIPAK MISRA, S.K.KULSHRESTHA
Mohammad Sagir – Appellant
Versus
Bharat Heavy Electricals – Respondent


Advocates:
R.K. Gupta and R.N. Shukla for petitioner;
A.G. Dhande with Sourabh Tiwari for respondents.

ORDER

Misra, J.--1. Facing difficulty and hindrance with the pronouncement of law in the case of Narayan Singh v. MPEB [2002(3) MPLJ 571], wherein it was held that if an employee seeks relief by preferring an application under sections 31(3), 61 and 62 of Madhya Pradesh Industrial Relations Act, 1960 (MPIR Act) after the expiration of the statutory time limit provided under the said Act, the said application could not be entertained inasmuch as the provisions of section 5 of the Limitation Act would not be applicable to original proceedings in view of the law stated in the case of Vijay Singh v. Shyam Lal [2000(2) MPLJ 131], the learned Single Judge thought it appropriate to recommend the matter to be placed before a Larger Bench in view of the law enunciated by the Full Bench in the case of Nihalkaran v. Commissioner of Wealth Tax, Bhopal [1988 JLJ 355 = 1987 MPLJ 562] and Somsingh Onkarsingh v. MPSRTC, Bhopal and others [1980 ILJ 392 = 1980 MPLJ 211] and further the MPIR Act being a beneficial statute enacted with a view to ensure social and welfare security had intentionally not expressly excluded the provisions of the Limitation Act. In this factual backdrop the matter has been





































































































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