Law: Industrial Relations Act, 2012

Section: 33

Law: Limitation Act, 1908

Section: 5

(a) Industrial Relations Act (X of 2012)--- ----S.33---Redressal of individual grievances---Laches---Scope---Appellant was appointed in employer establishment in the year 1977 and while serving in the department he was terminated from service in the year 1989---Appellant was ultimately reinstated into service without back benefits by the Supreme Court in the year 2015---Contention of appellant was that he submitted joining report after reinstatement but the employer did not allow him proper dues and also did not fix his salaries in an appropriate manner---Single Bench dismissed the appellants petition on the ground that the petition was barred by time and that his claim was also barred within the meaning of Art. 114 of Qanun-e-Shahadat, 1984---Validity---Appellant was required to agitate his grievance of not receiving his salaries and dues immediately when he received his first salary after reinstatement, but at that time he did not raise any objection on the salary received by him and continued receiving his salaries and dues allowed by the employer till the date of his retirement---Appellant had also sworn undertaking cum indemnity in the year 2017 whereby he had received all the dues and there was nothing outstanding, so much so, that appellant in the said bond had also affirmed that he would have no other claim against the employer and also the appellant would be not rightful to make any other claim against the employer in future---Appeal was dismissed. (b) Limitation Act (IX of 1908)--- ----S.5---Condonation of delay---Sufficient cause---Scope---While considering condonation of delay ultimate consideration should be to render even-handed justice to the parties, though by and large, liberal approach is to be taken in the matter of condoning delay---Such consideration would not depend upon status of the party namely the Government or the public or private bodies so as to apply a different yardstick---Even in such cases the condonation of long delay should not be automatic since the accrued right or adverse consequences to the opposite party is to be kept in perspective---In that background, while considering condonation of delay, the routine explanation…

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