SOMSINGH ONKARSINGH Vs. M P S R T C BHOPAL

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution.

(2.) THE material facts giving rise to this petition briefly are as follows: The petitioner was employed by respondent No. 1 as a driver. The petitioner was removed from service on 24th September 1975 He submitted an application before the Labour Court on 26th May 1977 under section 31 (3) of the M.P. Industrial Relations Act, 1960, hereinafter called the Act, and prayed for reinstatement. The Labour Court, by its order dated 9th September 1977, allowed the application and directed reinstatement of the petitioner with full back wages. Aggrieved by the decision given by the Labour Court, respondent No. 1 preferred a revision petition before the Industrial Court. The Industrial Court, by its impugned order, allowed the revision petition on the ground that the application submitted by the petitioner under section 31(3) of the Act before the Labour Court was filed beyond the period of limitation prescribed therefor, and hence the Labour Court had no jurisdiction to entertain the application. The Industrial Court relied on its decision reported in Natru Ram v. M. P. S. R. T. C., 1978 M P I L C 1 Aggrieved by this order of the Industrial Court, the petitioner has filed this petition.

(3.) TO appreciate the contentions raised on behalf of the parties, it is necessary to refer to the relevant provisions of the Act prior to its amendment by the Ordinance promulgated on 30th July 1976. Section 62 (i) of the Act provided as follows: