Case Note & Summary
The petitioner, Popat Anaji Rautray, filed a complaint (ULP No.234 of 2000) before the Industrial Court, Ahmednagar, alleging unfair labour practices. The complaint was dismissed in default on 31.3.2009. The petitioner applied for a certified copy of the order on 29.4.2009 and received it the same day. He filed Misc. Application (ULP) No.2 of 2009 for restoration on 2.5.2009, as 1.5.2009 was a public holiday. The Industrial Court rejected the restoration application on 3.4.2012, holding that it lacked jurisdiction to condone delay and that the application was filed beyond 30 days from the date of dismissal. The petitioner challenged this order by way of a writ petition. The High Court examined the computation of the 30-day period under Section 31(2) of the MRTU & PULP Act read with Regulations 118 and 119 of the Industrial Court Regulations. The court held that the date of dismissal (31.3.2009) must be excluded, and the period of 30 days should be calculated from 1.4.2009. The 30th day fell on 30.4.2009, but since the petitioner received the certified copy on 29.4.2009, the period for filing started from that date. However, the court noted that the petitioner filed on 2.5.2009, which was within 30 days if the date of dismissal is excluded and the public holiday is considered. The court allowed the petition, set aside the Industrial Court's order, and directed restoration of the complaint.
Headnote
A) Limitation Law - Computation of 30 days - Section 31(2) MRTU & PULP Act, 1971 read with Regulations 118 and 119 of Industrial Court Regulations, 1975 - The 30-day period for filing a restoration application is to be computed by excluding the date of dismissal (31.3.2009) and including the date of filing (2.5.2009) when the 30th day (1.5.2009) was a public holiday - Held that the Industrial Court erred in including the date of dismissal and treating the period as a calendar month (Paras 3-8).
Issue of Consideration
Whether the 30-day period under Section 31(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 read with Regulations 118 and 119 of the Industrial Court Regulations, 1975, for filing a restoration application is to be computed by excluding the date of dismissal and including a public holiday falling on the 30th day.
Final Decision
The writ petition is allowed. The judgment and order dated 3.4.2012 passed by the Industrial Court, Ahmednagar, rejecting Misc. Application (ULP) No.2 of 2009, is set aside. The Misc. Application is restored to the file of the Industrial Court, which shall decide it on merits in accordance with law.
Law Points
- Computation of limitation period
- Exclusion of first day
- Inclusion of public holiday
- Section 31(2) MRTU & PULP Act
- Regulations 118 and 119 of Industrial Court Regulations
