Id act sec 2(a)(3)
P.ESAKKIMUTHU
(Querist) 06 March 2015
This query is : Resolved
a workman was dismissed in the year 2008 and his case of termination is taken before Labour Court u/s 2(A)(3) of Industrial Dispute Act,1947. The Labour Court returned the case papers stating 3 years period mentioned in the section was already over as on date.My contention is termination done after 15.9. 2010(date of coming into force of Sec 3(A)(3) of ID Act is covered under this section and case of termination done prior to 2010 even though 3 years time is over as on date does not fall under Sec 2(A)(3) of ID Act. . The Labour judge accepted that though this section is not a bar for filing cases of termination prior to 15.9.2010 but he insisted that 3 years period as on today is over and hence the case can not be numbered.Kindly clarify the correct position with regard to the operation of this section especially 3 years period to be counted as on 15.9.2010 or not
Jayaraj Poojari
(Expert) 07 March 2015
Please inform 'what was the filing date of the case?
Since the Labour judge accepted that section 2(a)(3) of the ID Act, 1947 is not a bar for filing cases of termination prior to 15.9.2010 but insisted that 3 years period as on today is over'- it suggests that the case could have been filed after a lapse of 3 years starting 15.9.2010, and you wouldn't have explained the delay in filing the case nor filed a supporting petition for condoning the delay.
Rajendra K Goyal
(Expert) 07 March 2015
Consult a local lawyer and show him all the documents. If the case is returned, file condoning of delay petition.
Dr J C Vashista
(Expert) 08 March 2015
I agree with the expert advise of Mr. Rajendra K Goyal.
P.ESAKKIMUTHU
(Querist) 08 March 2015
Thanks for the reply of Sri Jeyaraj Poojari. The relevant case is filed now only ie on 10.2.2015.
As far as ID is concerned there is no question of filing delay condonation petition as there is no provision in the ID Act for filing delay condonation petition for belated case
Jayaraj Poojari
(Expert) 08 March 2015
There may not be any provision under ID act, but Section 5 of the Limitation Act is a comprehensive provision and you may try filing condone delay petition under this provision. You may have to satisfy the court (give sufficient reason) for the delay in filing. You may also appeal against the order, if your condone delay petition is dismissed/rejected if, and only if you have sufficient reasons for the delay in filing.
T. Kalaiselvan, Advocate
(Expert) 10 March 2015
Your case appears to be badly barred by limitation. However, with an affidavit explaining the circumstances that led to this inordinate delay along with a petition under article 5 of the limitation act may be filed seeking to condone delay in filing the said petition, consult your lawyer on further issues.
