AI Overview...
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Restoration of Petitions under Industrial Dispute Act - Generally, provisions for restoring petitions are limited or not explicitly provided. Several cases clarify that the Civil Procedure Code's provisions on restoration do not automatically apply to proceedings under the Industrial Disputes Act, 1947, and that applications for restoration are typically not permissible once dismissed. For example, in R. Sarojini VS B. Lakshmana Rao - Andhra Pradesh, the court held that restoration of petitions is not applicable under the Industrial Disputes Act. Similarly, TALUKA DEVELOPMENT OFFICER VS DHURABHAI VIRABHAI VANKAR - Gujarat confirmed that there is no power or provision to restore applications once dismissed for default. JOINT DIRECTOR OF AGRICULTURE (ENGG. ) VS BANAMBAR ROUTRAY - Orissa also highlighted that there is no specific provision for restoring a dispute by setting aside an ex parte award. Bharat Petroleum Corporation Ltd. VS T. S. Kalyanaraman - Kerala and Mekastar Telematics Ltd. VS Aaifr - Delhi reinforced that statutory or procedural remedies for restoring petitions are limited or non-existent in the context of industrial disputes.
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Specific Provisions and Exceptions - Certain statutes like the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), have their own procedures and overriding provisions, but generally do not override the Industrial Disputes Act concerning dispute resolution or petition restoration (Messrs Metal Box India Limited and Another VS State of Tamil Nadu and Others - Madras, Mekastar Telematics Ltd. VS Aaifr - Delhi). In cases involving industrial disputes, the courts have emphasized that the statutory framework under the Industrial Disputes Act is exclusive, and procedural remedies like restoration are limited or not provided.
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Main Points and Insights:
- Restoration petitions are largely not recognized or provided for under the Industrial Disputes Act, 1947.
- Civil Procedure Code provisions on restoration do not automatically apply to industrial dispute cases.
- Once dismissed, petitions under the Industrial Disputes Act cannot typically be restored, as confirmed by courts (R. Sarojini VS B. Lakshmana Rao - Andhra Pradesh, TALUKA DEVELOPMENT OFFICER VS DHURABHAI VIRABHAI VANKAR - Gujarat).
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Some statutes like SICA have their own procedures, but they do not override the primary provisions of the Industrial Disputes Act regarding dispute resolution (Messrs Metal Box India Limited and Another VS State of Tamil Nadu and Others - Madras).
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Conclusion - The general legal position is that there are no specific provisions under the Industrial Disputes Act, 1947, for the restoration of dismissed petitions or disputes. Courts have consistently held that applications for restoration are not maintainable unless explicitly provided by statute. Procedural remedies like restoration are thus limited, and parties must adhere to the prescribed timelines and procedures under the Act. Exceptions exist in certain statutes with their own rules, but these do not generally extend to the Industrial Disputes Act.
References: - JOINT DIRECTOR OF AGRICULTURE (ENGG. ) VS BANAMBAR ROUTRAY - Orissa - Bharat Petroleum Corporation Ltd. VS T. S. Kalyanaraman - Kerala - R. Sarojini VS B. Lakshmana Rao - Andhra Pradesh - TALUKA DEVELOPMENT OFFICER VS DHURABHAI VIRABHAI VANKAR - Gujarat - Mekastar Telematics Ltd. VS Aaifr - Delhi - Messrs Metal Box India Limited and Another VS State of Tamil Nadu and Others - Madras
Search Results for "Restoration Petition under Industrial Dispute Act Provision"
1971 0 Supreme(Ori) 174 • India - Orissa
R.N.MISRA, B.C.DAS
was not an industrial dispute until the writ petition. ... refused, stating that there is no provision for restoration of a dispute by setting aside the ex parte award. ... not an industrial dispute. ... This writ application under Articles 226 and 227 of the Constitution is directed against an order of the Industrial Tribunal refusing to set aside an ex pane award made by it on the ground that there is no provision#HL_END....
2013 0 Supreme(Ker) 954 • India - Kerala
N.K.BALAKRISHNAN
Condition generating retrospective leasehold right to the lessee will not be included under the provision contained in T.P Act -Superior ... Kerala Land Reforms Act, 1963, Section 106 - Transfer of Property Act, 1882 Section 107 , Civil Procedure Code, 1908, Order 47 - ... Special provisions relating to leases for commercial or industrial purposes:- ... (1) Notwithstanding anything contained in this Act, or in any other law, or in any contract, or in any order or decr....
1966 0 Supreme(AP) 232 • India - Andhra Pradesh
OBUL REDDI
restoration of petitions are not applicable to cases under the Industrial Disputes Act, and dismissed the writ petition. ... Civil Procedure Code - Industrial Disputes Act - Application of Civil Procedure Code provisions to restoration of petitions under ... Issues: The main issue was whether the provisions of the Civil Procedure Code, in relation to restoration of petitions, are ... ... ( 2 ) T....
2025 Supreme(Online)(MAD) 6402 • India - High Court of Madras
M. DHANDAPANI, J
) of the Industrial Dispute Act, 1947, following the representations of the petitioners. ... The petition is disposed of, directing compliance with the statutory obligations of the fourth respondent. ... This Writ Petition seeks a Writ of Mandamus directed at the fourth respondent for reemployment of petitioners as per Section 25(h ... 25(h) of Industrial Dispute Act , 1947 read with rule 63 of Tamil Nadu Industrial Disput....
2002 0 Supreme(Guj) 174 • India - Gujarat
H.K.RATHOD
of under the Industrial Disputes (Gujarat) Rules and also in view of the principles laid down by Apex Court in Even in case there is no power or provision to restore the matter ... Whether application for setting aside the ex parte award once dismissed for default can be restored — Held, there is no power or provision ... Said application which was filed by the petitioner for restorationo f the earlier application has been rejected by the labour court on the ground that there is no provision#H....
2011 0 Supreme(Del) 333 • India - Delhi
SANJAY KISHAN KAUL, RAJIV SHAKDHER
if the Supreme Court allows its petition and directs restoration of its assets. ... Sick Industrial Companies (Special Provisions) Act, 1985 - Challenge to BIFR and AAIFR orders - Section 3(1)(e) of SICA - Section ... Final Decision: The writ petition is dismissed, and the petitioner is given the right to approach BIFR by way of a fresh reference ... of Section 3(1)(e) of the Sick Industrial Companies (Special Provisions) Act, 1985....
2023 Supreme(Online)(MAD) 33667 • India - Madras High Court
M.S. RAMESH, J
33(2)(b) of the Act is confined to the enquiry as to whether the conditions laid down in the said provision are satisfied. ... TO BE SATISFIED - DELAY IN FILING APPROVAL PETITION - DISPUTE OVER ONE MONTH WAGES - MALAFIDES ON THE PART OF EMPLOYER - APPROVAL ... APPROVAL OF DISMISSAL - INDUSTRIAL DISPUTES ACT, 1947 - SECTION 33(2)(B) - SCOPE OF JURISDICTION OF INDUSTRIAL TRIBUNAL - CONDITIONS ... Act, was not made simultaneously, but after 11 days and since ....
1994 0 Supreme(Mad) 851 • India - Madras
K.A.SWAMI, SOMASUNDARAM
OF DISPUTE TO INDUSTRIAL TRIBUNAL - REQUIREMENT - SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985 - OVERRIDING EFFECT - ... The provisions of SICA do not override the Act in relation to industrial disputes between employers and employees. ... Whether the provisions of SICA prevailed over the Act in relation to industrial disputes between employers and e....
1997 0 Supreme(All) 1206 • India - Allahabad
ALOKE CHAKRABARTI
SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985 - INTERPRETATION - APPLICABILITY OF THE ACT OF 1978 TO DISPUTED CLAIMS ... - DISMISSAL OF WRIT PETITION. ... Industrial Dispute Act, but this does not mean that in every case where the employer refuses to pay, the claim has to be described ... R.) under Section 15 of the Sick Industrial Companies (Special provision) Act, 19....
2010 0 Supreme(All) 2326 • India - Allahabad
B.S.VERMA
Writ Petition - Labour Dispute - UP Industrial Disputes Act, 1947 - Section 2-A, Section 4K, Section 6-N - The court discussed ... The court also considered the issue of delay in raising the industrial dispute and its impact on the entitlement to back wages. ... It held that the termination of the workman's services was illegal and that the delay in raising the industrial dispute did not affect ... On point no. 3 regarding delay in raising the industrial#HL_....
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