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Judgment
Sushma Srivastava and Krishn Kumar Lahoti, JJ.—Shri Sanjay Roy, Counsel for the Appellant.
This appeal is directed against an order dated 9.12.2010 passed, by the teamed Single Judge in W.P. 17670/2010 by which a writ petition filed by the Appellant was dismissed. This order has been assailed by the Appellant on the ground that earlier also a writ petition was filed by the Appellant registered as W.P. 14234/2008 which was decided on 10.9.2010 and directions were issued to the Assistant Labour Commissioner (C), Shahdol to dwell, upon the conciliation proceeding pending before, him at the instance of Petitioner and conclude the same expeditiously. But the aforesaid proceedings were wrongly dosed by the Assistant Commissioner so Petitioner again approached to this Court by filing W.P. 17670/10 seeking directions against the Assistant Labour Commissioner to initiate fresh conciliation proceeding. The learned Single Judge found that, the earlier matter was decided by this Court and found that before issuance of directions in W.P. 14234/08 dated 10.9.2010, the conciliation proceedings were concluded on 29.2.2008 but on the basis of the statement made by the Appellant the earlier case was disposed of with the aforesaid directions. As no conciliation proceedings were pending before the authority on 10.9.2010, the aforesaid order was lost its efficacy. The authority rightly passed the impugned order in which no fault was found.
At this stage, learned Counsel for the Appellant submitted that the Appellant be permitted to approach the Labour Court for ventilation of his grievances.
The aforesaid prayer appears to be just and proper. When the conciliation proceedings failed, the Appellant is entitled to approach the Labour Court for ventilation of his grievances in accordance with law.
In view of the aforesaid, while dismissing this appeal on merit we allow the Appellant 30 days time from today to approach the Labour Court concerned for ventilation of his grievances in accordance with law and if the Appellant approached the Labour Court within the aforesaid period, the Labour Court shall consider the grievances of the Appellant in accordance with taw without going into the question of limitation. With the aforesaid liberty this appeal is dismissed with no order as to costs.