NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPL No. 2 of 2015 • C.G. State Power Generation Company Limited Through Its Chief Engineer (Generation), C.G. State Power Genera-

tion Co. Ltd. H.T.P.S. Korba (West), Distt. Korba (C.G.)

---- Petitioner Versus

1. Satish Kumar Wallace S/o Late Charlie @ Nathaniyal Wallace Aged About 53 Years Plant Assistant Grade II, E.E. (BMD) 1, Office Superintending Engineer (Mechanical Maintenance)1, H.T.P.S., C.G. State Power Generation Co. Ltd. , Korba (West) Add.-F919/920 Kailash vihar Korba west, Darri, Distt. Korba (C.G.).

2. G.K. Narman Assistant Supervisor Grade - 3, (P.S.03), Add. -F-1260 Kailash Vihar, H.T.P.C., Korba West, Distt.

Korba C.G.

3. Nakul Ram Sahu Assistant Supervisor Garde - 3, (P.S.03), Add. -E-493 Kailash Vihar, H.T.P.C., Korba West, Distt.

Korba C.G.

4. Industrial Tribunal Court Bilaspur C.G.

---- Respondents --------------------------------------------------------------------------------------

For Petitioner : Shri Vinod Deshmukh, Advocate.

For Respondent No.1 : Shri K.P.S. Gandhi, Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

26.07.2024

1. This petition has been preferred under Article

226/227 of the Constitution of India assailing legality and validity of order dated 27.11.2014 passed by the Industrial Court, Bilaspur in Appeal No.02/CGIR/A-11/2014 and to set-aside the order passed by Labour Court, Korba in Civil Case No.18/CGIR/2012 dated 25.03.2014 whereby learned labour Court has dismissed the application preferred by employee under Section 31(3) of CG Industrial Relation Act, 1960 on the ground that application is barred by limitation.

2. Facts of the case in brief are that on 06.03.1984 respondent No.1/employee was initially appointed on the post of Plant Attendant Grade-3 and thereafter in the year 1992, he was promoted to the post of Plant Assistant Grade-2 on the basis of his seniority. On 30.10.1985 Respondent No.1 had passed High Pressure Welding Examination and accordingly he was granted High Pressure Welding Allowance since 1985. After more than 27 years, employee moved an application dated 02.03.2012 under Section 31(3) of CG Industrial Relation Act, 1960 claiming appointment to the post of Plant Supervisor Grade-3 on the basis of passing High Pressure Welding Examination from 30.10.1985. Learned Labour Court after affording opportunity to both sides vide judgment dated 25.03.2014 dismissed the application holding it to be barred by limitation under the provisions of Section 62 CG Industrial Relation Act, 1960. Against the said order, respondent No.1 had preferred an appeal under Section 65 CGIR Act, 1960 before the Industrial Court, Bilaspur and learned Industrial Court found that there is continuing cause of action, therefore, the application is not time barred and allowed the appeal filed by the employee and directed the employer/petitioner herein to appoint respondent/employee on the post of Plant Supervisor Grade-3 w.e.f 30.10.1985 with all consequential benefits.

Hence this petition.

3. Learned counsel for the petitioner submits that respondent/employee is claiming promotional benefit from the year 1985 and the application was filed after more than 27 years on 02.03.2012, though under Section 62(i), for such service disputes limitation is within 2 years from the date of dispute. He further submits that under the said provisions, if a dispute falling under clause (a) of paragraph (A) of sub-section (1) of Section 61, it is mandatory that an application shall be filed within 2 years from the date of the said dispute.

4. Section 61(A)(a) of the CG Industrial Relations Act,1960 deals with ‘Powers of Labour Court’ when a dispute regarding which application has been made to it under sub-section 3 section 31 of the CGIR Act, 1960. Learned counsel further draws attention of this Court towards Section 31(3) of the said Act read with Schedule II of the said Act. In the entry