Industrial dispute act 1947 – limitation period to approach supreme court

[Qazi jawed]

I have worked as an engineer with Aurangabad municipal corporation for two years on temporary basis.I was terminated orally by the said employer.I approached to labour commissioner to interfere into the matter. The labour commissioner issued order to reinstate within one month. The employer appealed the said matter in the labour court.the labour court also directed the employer to reinstate within two months from publication of award.(though it was a reference IDA, the award is passed by the government authority on 13March 2014).The said judgement of labour court was challenged by the employer in bombay high court, bench at Aurangabad in way of Writ petition.The high court heard both the parties and dismissed the W.P of the employer corporation and confirmed the judgement of labour court.(The judgement delivered by the high court on 10 April 2017). But till date despite of giving so many representation, the employer does not reinstate me and the commissioner put a note on my file, adressing to leagal dept “to make the appeal in supreme court to challenge the judgement of high court.”
Almost five months passed by to the judgement of high court.is the case of employer in limitation?
I want to know the limitation to challenge W.P in supreme court under industrial dispute act 1947.
And what should I do to join the service as early as possible?

[Dr. Ashok Dhamija]

For challenging the order of the High Court in a writ petition (even if such order relates to a dispute under the Industrial Disputes Act, 1947), the Municipal Corporation will have to file a Special Leave Petition (SLP) in the Supreme Court. For filing the SLP, the relevant rules of the Supreme Court will be applicable for the purposes of limitation.

In the circumstances mentioned by you, the limitation period for challenging the high court order in the Supreme Court by way of SLP is 90 days. However, the Supreme Court has the power to condone the delay if a genuine cause is shown for the delay in filing SLP.

So, in your case, already the matter is beyond the period of limitation if the Corporation wants to challenge the high court order in the Supreme Court.

In view of the provisions of Section 17-B of the Industrial Disputes Act (which is shown below), you can claim benefit, during the period of pendency of proceedings in the High Court and the Supreme Court, of full wages last drawn by you, inclusive of any maintenance allowance admissible to you under any rule, subject to the conditions mentioned in this section:

“17-B. Payment of full wages to workman pending proceedings in higher courts.—Where in any case a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court:

Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be.”

 

You may file a contempt petition against the concerned authority for not complying with the order issued. This may help you to get the order complied with on an expeditious manner. However, if the Corporation has already taken a decision to challenge the HC order in the Supreme Court (as you have mentioned), they may rush to the SC to file SLP along with an application for stay against the contempt petition and also along with an application for condonation of delay. But, even if they do so, the process will get expedited.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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