Suresh Kumar v. Management of North Delhi Municipal Corporation

1. The present writ petition assails the Award dated 02.12.2014 passed by the learned Presiding Officer, Labour Court-XVII whereby the claim of the petitioner was held to be barred by limitation and consequently dismissed.

2. The short issue that comes up for consideration in this writ petition is whether the application of the petitioner was required to be filed within three years from the date of termination. The finding of the industrial adjudicator is that the application in terms of sub-section (3) of section 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as „the said Act) was filed beyond the period of limitation. It is an admitted position that the services of the petitioner were terminated and he was dismissed by the respondent on 23.07.2010. It is also an admitted position that the application under sub-section 2A (3) of the said Act was filed after 23.07.2013 i.e. beyond the period of three years from the date of dismissal of the petitioner from service.

3. The learned counsel appearing on behalf of the petitioner, however, submits that the failure report of the Conciliation Officer under sub-section (2) of section 2A of the said Act was given only on 01.07.2014 and that, consequently, the period of limitation, as provided in sub-section 3 of section 2A of the said Act was thereby extended. Counsel in this behalf invites my attention to the application dated 23.01.2013 filed before the Conciliation Officer. The industrial adjudicator did not find any merit in the submission made on behalf of the counsel for the petitioner and, consequently, dismissed the said application. Section 2A of the said Act reads as under:- “Section 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. – (1) Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. (2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government. (3) The application referred to in sub-section(2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section(1).”

4. After considering the above provision, I agree with the findings of the industrial adjudicator for the reason that sub-section (3) of section 2A of the said Act clearly provides that the application referred to in sub-section (2) thereof has to be made to the Labour Court or Tribunal before the expiry of three years from the date of dismissal, as specified in sub-section (1) of section 2A of the said Act. A plain reading of the said provision does not provide for extension of the period of limitation from the date of dismissal by excluding the time taken during the pendency of the conciliation proceedings before the Conciliation Officer.

5. In view of the aforesaid discussion, the writ petition is without merit and is consequently dismissed.

SIDDHARTH MRIDUL, J DECEMBER 22, 2014 dn