Time Limitations & One Side Sms Conversation.

Hello Umesh,

I have reviewed your query and understand your concern regarding the time limitations for filing cases related to labor laws. I would like to offer you advice that might help you out.

Firstly, I would like to tell you that the time limits for filing claims in the labor court depend largely on the nature of the cases. Generally, workmen can file complaints raising industrial disputes concerning termination, retrenchment, or dismissal within three years from the date of the incident. This has been referred to the content mentioned in Section 2A of the Industrial Disputes Act, of 1947. 

But I would like to suggest you check once with your local labor laws as the states have the right to make changes to these rules as per their requirements. Referring to the case of Assistant Engineer, Rajasthan Development Corporation v. Gitam Singh (2013) would be a good idea for the same.

Next, electronic evidence is governed by Section 65B of the Indian Evidence Act, of 1872. If you want to submit SMS evidence, then it must be verified and accompanied by a 65B certificate as the certificate is necessary for the verification of the authenticity of the electronic record and confirming the conditions mentioned in Section 65B(2). 

You can use one-sided SMS evidence if it is relevant and meets the requirements of Section 65B.

But still, you have to obtain the certificate as in the case of Anvar P.V. v. P.K. Basheer (2014), the Supreme Court held that electronic evidence without a Section 65B certificate is not valid unless it falls under certain exceptions.

For a better result, I would like to suggest that you must make sure that the SMS is from original source and the certificate must mention all the relevant information that is required.

I hope I was able to help you with your query. If you need further clarification, please feel free to connect with me on LinkedIn. ( www.linkedin.com/in/pankhuri-rastogi-9221b2289 )

Thank You.