No time limit for reference of disputes to labour court - SC
The Industrial Disputes Act does not prescribe any time limit for referring a dispute to the labour court, the Supreme Court has stated in its judgment, Kuldeep Singh vs Instrument Design Development Centre.
In this case, the employee was terminated without notice or compensation. He moved the Haryana government which referred the dispute to the labour court. It dismissed the worker's petition on the ground that he moved the government nearly six years after the termination.
The high court also held the same view.
But when he appealed to the Supreme Court it took a favourable view. It said that the Act allowed the government to refer the dispute at any time. The real test is whether a dispute existed and not when it is made. When the state government is satisfied that there is a dispute, the labour court should consider it on merits. In this case, the labourer was representing his case before various authorities in the time between the termination and the reference to the labour court.
regards
Kamal Prasoon
From India, Pune
173The Industrial Disputes Act does not prescribe any time limit for referring a dispute to the labour court, the Supreme Court has stated in its judgment, Kuldeep Singh vs Instrument Design Development Centre.
In this case, the employee was terminated without notice or compensation. He moved the Haryana government which referred the dispute to the labour court. It dismissed the worker's petition on the ground that he moved the government nearly six years after the termination.
The high court also held the same view.
But when he appealed to the Supreme Court it took a favourable view. It said that the Act allowed the government to refer the dispute at any time. The real test is whether a dispute existed and not when it is made. When the state government is satisfied that there is a dispute, the labour court should consider it on merits. In this case, the labourer was representing his case before various authorities in the time between the termination and the reference to the labour court.
regards
Kamal Prasoon
From India, Pune
True, but now the Apex Court has clearly ruled that if the dispute exist between the employer and the employee there can not be any time bar to refer the matter to the labor court. This is a landmark judgement as Law of Limitation will not be applicable in such cases any more.
regards,
Kamal
From India, Pune
regards,
Kamal
From India, Pune
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Haryana-Extensi on Of Time Limit To Deposit Labour Welfare Fund In The State Of Haryana (1).pdf