Allowed

Rajesh Kumar v. the Central Coalfields Limited through Its Chairman Cum Managing Director

Jharkhand HC11 Mar 2022WPC/311/2022

Case brief

AI extract

What is this about?

The High Court set aside an order dismissing a reinstatement claim under the Industrial Disputes Act as barred by limitation. The Court held that the period spent in concurrent proceedings before the High Court should be excluded under Section 14(2) of the Limitation Act and remanded the matter to the Labour Court.

What did the court decide?

The writ petition is allowed; the impugned order is set aside on the question of limitation; the matter is remitted to the Labour Court.

Rajesh Kumar Vs the Central Coalfields… — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (L) No. 311 of 2022

….....

Rajesh Kumar

…. ..... Petitioner

Versus The Central Coalfields Limited & Others ..... Respondents

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :- Video Conferencing)

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For the Petitioner : Mr. Saurabh Shekhar, Advocate. For the Respondents/CCL: Mr. Anoop Kumar Mehta, Advocate.

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04/11.03.2022.

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Heard, learned counsel for the petitioner, Mr. Saurabh Shekhar and learned counsel for the respondents / CCL, Mr. Anoop Kumar Mehta.

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The petitioner, Rajesh Kumar has preferred this writ petition for setting aside the order dated 28.10.2021 passed by the Central Government Industrial Tribunal-I-cum-Labour Court, Dhanbad in I.D. Case No. 01/2021, whereby the application preferred by the petitioner under Section 2(A) of the Industrial Disputes Act, 1947 has been rejected on the ground that the petitioner was terminated on 30.10.2014 and preferred an application after three years, as such, in view of the judgment passed by the Hon’ble Madras High Court in W.P. (MD) No. 4269/2017, the petitioner / workman case is not fit for admission, hence same is dismissed.

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Learned counsel for the petitioner, Mr. Saurabh Shekhar to assail the impugned order has referred para-2 of the writ petition stating therein that petitioner had earlier came before this Hon’ble Court in W.P. (C) No. 3514/2015, with a prayer to accept the petitioner back in services with respondents and further prayer was made to release appropriate remuneration, as admissible to the Skilled Labour, as per National Coal Wages Agreement of Management CCL, and also to release consequential benefits. The matter was contested before the Hon’ble High Court on the point of jurisdiction and maintainability, as the learned Labour Court, being alternative statutory remedy under the law. The petitioner withdrew, the writ petition, with a liberty to prefer fresh application before the

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learned Labour Court in terms of order dated 13.09.2019. Thereafter the matter was preferred before the Assistant Labour Commissioner, invoking the provisions of Section 2-A of the I.D. Act, on 19.12.2019. The conciliation proceeding failed and certificate was issued on 05.03.2020 to approach the learned Labour Court. The application before the learned Labour Court was preferred on 01.02.2021, which was however dismissed on the ground of crossing prescribed limitation period of three years from the date of cause i.e. 2014, hence, as per sub-clause (3) of Section 2-A of the I.D. Act, the application of I.D. Act was not entertained by the learned Labour Court.

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Learned counsel for the petitioner has further submitted that from perusal of list of dates, which he has referred, it appears that :-

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(i) The petitioner was engaged in service in April, 2011.

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(ii) Training Certificate was provided on 03.01.2014.

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(iii) Petitioner last performed his services on 29.10.2014.

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(iv) Petitioner preferred writ application before this Hon'ble Court vide W.P. (S) No. 3514/2015 on 31.07.2015.

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(v) Writ application was withdrawn for want of jurisdiction on 13.09.2019.

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(vi) Application before the Assistant Labour Commissioner under Section 2-A(2) of the I.D. Act was preferred on 19.12.2019.

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(vii) The failure of conciliation certificate was issued on 05.03.2020.

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(viii) Application was moved before the Learned Labour Court under Section 2-A of the I.D. Act on 01.02.2021.

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(ix) The matter was found beyond limitation period of 3 years, as per Section 2-A(3) of the I.D. Act, and the application was rejected on 28.10.2021.

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Learned counsel for the petitioner has further submitted that under Section 14(2) of the Limitation Act, such period while the petitioner approached this Hon'ble High Court by filing writ petition from 31.07.2015 to 13.09.2019, ought to have been excluded, which

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has not been done, thus petitioner has suffered, before adjudication of the case actually initiated before the learned Labour Court on the point of limitation.

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Learned counsel for the respondent / CCL, Mr. Anoop Kumar Mehta has submitted that a detail counter affidavit has been filed relying upon the judgment passed by the Apex Court in the case of Balwant Rai Saluja Vs. Air India Limited reported in 2014 (9) SCC 407, Para-65 of which may profitably be quoted hereunder:-

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“65. Thus, it can be concluded that the relevant factors to be taken into consideration to establish an employeremployee relationship would include, inter alia,

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(i) who appoints the workers; (ii) who pays the salary / remuneration;

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(iii) who has the authority to dismiss;

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(iv) who can take disciplinary action;

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(v) whether there is continuity of service; and

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(vi) extent of control and supervision, i.e. whether there exists complete control and supervision.

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As regard, extent of control and supervision, we have already taken note of the observations in Bengal Nagpur Cotton Mills case, International Airport Authority of India case and NALCO case.”

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Learned counsel for the respondents has submitted that no appointment letter has been issued by the respondent – CCL, rather petitioner was a retrenched employee of his employer M/s Vaishali Electric Company, Argada, as such, even after referring this matter by setting aside the impugned order, nothing can be done in this mater except there shall be multiplicity of litigation at the Labour Court against the respondent / CCL.

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Learned counsel for the respondents has further submitted that no application was filed under Section 14(2) of the I.D. Act for condonation of delay as such, this Court may not interfere with the impugned order / judgment.

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In reply, learned counsel for the petitioner has submitted that such application is only required under Section 5 of the Limitation Act, but where the question of application of Section 14(2) of Limitation Act is concerned, the same is to be considered by the learned Labour Court or court below on the basis of averment made in the application, for which no separate application is required.

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Considering the rival submission of the parties, looking into facts and circumstances of the case, this Court set aside the impugned order dated 28.10.2021 passed by the Central Government Industrial Tribunal-I-cum Labour Court, Dhanbad in I.D. Case No. 01/2021 on the question of limitation only.

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Accordingly, this Court remits the matter to the learned Labour Court for considering afresh in accordance with Section 14(2) of the Limitation Act.

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So far the objection which has been raised by the counsel for the respondents / CCL is concerned, the Labour Court shall consider the same before issuance of notice upon the respondents / CCL.

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Accordingly, the writ petition is allowed.

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(Kailash Prasad Deo, J.)

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Sunil/-

Rajesh Kumar v. the Central Coalfields Limited through Its Chairman Cum Managing Director

Case brief

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Rajesh Kumar v. the Central Coalfields Limited through Its Chairman Cum Managing Director

Case brief

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