M P S R T C Vs. MEHARBAN SINGH

JUDGEMENT

(1.) THE controversy raised in this petition is whether an employee, whose services were terminated prior to July 30, 1976, i. e. , prior to amendment of Section 62 (i) of the M. P. Industrial Relations Act, 1960 (for short, the 'act'), can institute the proceedings even after lapse of period of one year, the period prescribed for commencing the proceedings, without first approaching the Labour Court in the manner prescribed.

(2.) COUNSEL beard.

(3.) AFTER hearing counsel, we are of the opinion that the bar of limitation imposed by M. P. Ordinance No. 12 of 1976, does not apply to an employee, whose services were dispensed with prior to the enforcement of the Ordinance and who made an application for reinstatement after the Ordinance came into force, as before the incorporation of the period of limitation, no limitation was prescribed; therefore, the vested right of an employee to approach the Labour Court in the manner provided and during the time prescribed prior to July 30, 1976, cannot be taken away by necessary implication by the ; proviso so added, by amendment, to Section 62 (i) of the Act, which is the settled view of this Court, See Somsingh v. M. P. S. R. T. C. , 1980 MPLJ 211, Dwarkasingh v. The Industrial Court, M. P. and Ors. , 1989 M. P. S. L. R. 981 (D. B. ).