Case Note & Summary
The petitioner, M/S ITC Infotech India Ltd., challenged an order dated 17.03.2015 passed by the III Additional Labour Court, Bengaluru, in I.D.No.6/2014, which allowed an application for condonation of delay filed by the respondent, Mr. Venkataramana Uppada. The respondent had been terminated by a letter dated 11.02.2009 and filed a claim petition under Section 2A(2) of the Industrial Disputes Act, 1947 on 13.02.2014, which was beyond the three-year period prescribed under Section 2A(3). The respondent also filed an application under Section 11-A of the I.D. Act read with Section 5 of the Limitation Act, 1963 and Section 151 CPC seeking condonation of 730 days delay. The Labour Court allowed the condonation application, leading the petitioner to file a writ petition under Article 226 of the Constitution of India, praying to set aside the order and hold that the claim petition was barred by limitation. The petitioner argued that the Labour Court lacked power to condone delay beyond three years under Section 2A(3) or Section 10(4A) of the I.D. Act. The respondent appeared in person and supported the Labour Court's order. The High Court analyzed the provisions and held that the three-year period under Section 2A(3) is a period of limitation, not a condition precedent, and the Labour Court has the power to condone delay under Section 5 of the Limitation Act, 1963 if sufficient cause is shown. The court also noted that Section 10(4A) does not create a bar to condonation. The writ petition was dismissed, upholding the Labour Court's order.
Headnote
A) Industrial Disputes Act - Limitation - Condonation of Delay - Section 2A(3) read with Section 5 of Limitation Act, 1963 - The court considered whether the three-year period under Section 2A(3) is a limitation period or a condition precedent - Held that it is a period of limitation and the Labour Court has power to condone delay under Section 5 of the Limitation Act, 1963, if sufficient cause is shown (Paras 4-10).
B) Industrial Disputes Act - Section 10(4A) - Limitation - The court examined whether Section 10(4A) bars condonation of delay beyond three years - Held that Section 10(4A) does not create a bar and the Labour Court retains discretion to condone delay (Paras 4-10).
C) Industrial Disputes Act - Section 2A(2) - Claim Petition - Limitation - The court held that the claim petition under Section 2A(2) is subject to the limitation period of three years under Section 2A(3), but the Labour Court can condone delay under Section 5 of the Limitation Act, 1963 (Paras 4-10).
Issue of Consideration
Whether the Labour Court has the power to condone delay under Section 2A(3) of the Industrial Disputes Act, 1947, when the claim petition is filed beyond three years from the date of dismissal or discharge.
Final Decision
The writ petition is dismissed. The order dated 17.03.2015 passed by the III Additional Labour Court, Bengaluru, in I.D.No.6/2014 is upheld. No order as to costs.
Law Points
- Limitation Act
- 1963
- Section 5 applies to proceedings under Industrial Disputes Act
- 1947
- Section 2A(3)
- three-year period under Section 2A(3) is limitation
- not a condition precedent
- Labour Court has power to condone delay beyond three years if sufficient cause shown
- Section 10(4A) does not bar condonation
- Article 226 writ petition against interlocutory order condoning delay is maintainable but dismissed on merits.
Case Details
2016 LawText (KAR) (03) 23
Writ Petition No.27510/2015 (L-TER)
Sri. K. Kasturi (Senior Counsel), Sri. Pradeep Kumar J (Advocate) for petitioner; Sri. Venkataramana Uppada (Party in Person) for respondent
M/S ITC Infotech India Ltd.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order of the Labour Court condoning delay in filing a claim petition under the Industrial Disputes Act.
Remedy Sought
Petitioner sought to set aside the Labour Court's order dated 17.03.2015 and to hold that the claim petition I.D.No.6/2014 is barred by limitation.
Filing Reason
The respondent filed a claim petition under Section 2A(2) of the Industrial Disputes Act on 13.02.2014 challenging his termination dated 11.02.2009, which was beyond the three-year period under Section 2A(3). The Labour Court allowed the respondent's application for condonation of delay of 730 days.
Previous Decisions
The Labour Court allowed the condonation application by order dated 17.03.2015, which is impugned in this writ petition.
Issues
Whether the Labour Court has the power to condone delay under Section 2A(3) of the Industrial Disputes Act, 1947, when the claim petition is filed beyond three years from the date of dismissal or discharge.
Submissions/Arguments
Petitioner argued that the Labour Court is not vested with power to condone delay under Section 2A(2) or Section 10(4A) of the I.D. Act when the claim petition is filed beyond three years from the date of dismissal or discharge. Sub-Section (3) of Section 2A mandates that a workman can make an application before expiry of three years from the date of discharge, dismissal, retrenchment or termination.
Respondent supported the Labour Court's order, appearing in person.
Ratio Decidendi
The three-year period under Section 2A(3) of the Industrial Disputes Act, 1947 is a period of limitation and not a condition precedent. The Labour Court has the power to condone delay under Section 5 of the Limitation Act, 1963 if sufficient cause is shown. Section 10(4A) does not create a bar to condonation.
Judgment Excerpts
It is the contention of Sri.K.Kasturi, learned Senior counsel appearing for writ petitioner that Labour Court is not vested with the power to condone the delay under Section 2A(2) or under Section 10(4A) of the I.D. Act when claim petition is filed beyond three years from date of dismissal or discharge and as such application for condonation of delay filed by employee ought to have been dismissed by the Labour Court.
He would elaborate his submission by contending sub-Section (3) of Section 2A of I.D. Act mandates that an workman can make an application before expiry of three years from the date of discharge, dismissal, retrenchment or termination.
Procedural History
The respondent was terminated on 11.02.2009. He filed a claim petition under Section 2A(2) of the Industrial Disputes Act on 13.02.2014, along with an application for condonation of delay of 730 days under Section 11-A of the I.D. Act read with Section 5 of the Limitation Act, 1963 and Section 151 CPC. The Labour Court allowed the condonation application by order dated 17.03.2015. The petitioner challenged this order by filing a writ petition under Article 226 of the Constitution of India on 03.03.2016.
Acts & Sections
- Industrial Disputes Act, 1947: 2A(2), 2A(3), 10(4A), 11-A
- Limitation Act, 1963: 5
- Code of Civil Procedure, 1908: 151
- Constitution of India: 226
