1997 LAB. I. C. 122 ::(1997) 1 CurLR 1075 ::(1997) 76 FacLR 634 ::(1997) 3 LabLJ 808 ::(1996) 3 AllMR 467 (BOM) ::(1996) 4 Bom CR 535 ::(1997) 1 Lab LN 592 ::(1997) 1 Mah LJ 449 ::(1997) 2 SCT 515 ::(1997) 2 ServLR 96

Bombay High Court

AT NAGPUR

Hon'ble Judge(s): R. M. Lodha , J

Industrial Disputes Act (14 of 1947) , Sections12, 2A)— Dismissal from service - Application filed under Section 2A - No time-limit prescribed for filing it nor application in circumstances was stale - Closure of proceedings by Conciliation Officer for belated filing of said application - Not proper. Once the employee is aggrieved by his dismissal by the employer and such dismissal is disputed by the workman, under Section 2A such dispute relating to dismissal of an employee would be an industrial dispute and once existence of an industrial dispute is brought to the notice of the conciliation officer, he is duty-bound under Section 12 of the ID Act to proceed in accordance with the provisions contained therein for the purposes of bringing settlement of the dispute between the parties and if his effort failed, then to submit failure report to the appropriate Government and the appropriate Government upon consideration of the failure report and its satisfaction, may refer the industrial dispute for adjudication to the concerned Labour Court or Tribunal. There is no time-limit prescribed either under Section 2A or under Section 12 of the ID Act. Moreover, the application made by the workman for consideration of the industrial dispute, cannot be said to be stale or grossly belated. Hence, the closing of the proceedings on the application filed by the workman und....