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Judgment
S.N. Terdal, J
Heard Shri P.C.Mishra, counsel for applicant.
The impugned penalty order was passed on 7.05.2007 by respondent no; 2 on 6.09.2007 appeal filed against the said order by the applicant was rejected; on 2.11.2007 an appeal filed by the applicant to CMD was rejected and on 27.07.2018 2nd appeal/revision filed by the applicant to the CMD was rejected. Thereafter the applicant filed an application under the Industrial Disputes Act and the conciliation proceedings held on 22.10.08 could not succeed. The concerned Labour Secretary made a reference to the Industrial Tribunal on 26.11.2009 and the applicant filed his claim on 16.04.2010 to which the respondents filed reply in July 2010 and the applicant filed rejoinder in September, 2010. The respondents filed evidence by way of affidavit on 7.09.2011 and the applicant filed evidence by way of affidavit on 6.01.2012 and thereafter the applicant filed another affidavit during the course of hearing before Labour Court on 28.01.2015 and ultimately vide order dated 24.04.2018 the Industrial Tribunal refused to interfere with respect to the impugned penalty order and appellate orders. In view of these facts, the applicant has filed this OA with an application for condonation of delay of nearly 10 years he has spent in pursuing the above said proceedings under the Industrial Disputes Act without knowing that the Labour Court had no jurisdiction to entertain his grievance. The respondents have filed reply seeking dismissal of this application filed by the applicant with respect to condontation of delay.
Under Section 14 of the Limitation Act, 1963, the time during which the applicant had been prosecuting with due diligence bona fide without knowing that the forum had jurisdiction, the said period requires to be condoned. The relevant provision is extracted below:-
"14. Exclusion of time of proceeding bona fide in court without jurisdiction.- (1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceedings, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, form defect of jurisdiction or other cause of a like nature, is unable to entertain it."
In view of the facts and circumstances of the case which demonstrates that the applicant had been prosecuting his case before the Labour Tribunal bona fide with due diligence and in view of the provisions of law extracted above, the delay requires to be condoned. Accordingly delay is condoned.
Issue notice to the respondents in OA, returnable on 24.05.2019.
Post before the Principal Registrar's Court for completion of pleadings.