2024 LLR WEB 29 (DELHI HIGH COURT)
Provisions of Limitation Act cannot prevail over the 3 year limitation for raising individual disputes under section 2A of the ID Act

A. INDUSTRIAL DISPUTES ACT, 1947 - Section 2A(3), 10(1)(c) - Termination of Service - Services of Petitioner-workman terminated - Claim petition filed by Petitioner seeking reinstatement dismissed by Labour Court - High Court Held, Section 2A of Act enabled workman to approach Labour Court directly and prevented mischief of unreasonable delay occasioning on account of reference not being referred to by appropriate Government under Section 10(1)(c) of Act - No bar with respect to limitation period for industrial dispute in case the same is referred to the Labour Court by Appropriate Government under Section 10 of the ID Act - Section 2A applies only in the case of discharge, dismissal, retrenchment or otherwise termination - Application was filed after lapse of 1 year after the expiry of 3 years from date of termination of his services which is a violation of the statutory limitation period - Courts will aid those who are vigilant and who do not sleep on their rights - No error in impug... subscribe to read more..