No time limit for reference of disputes to labour court - SC

The Industrial Disputes Act does not prescribe any time limit for referring a dispute to the labour court, the Supreme Court has stated in its judgment, Kuldeep Singh vs Instrument Design Development Centre.

In this case, the employee was terminated without notice or compensation. He moved the Haryana government which referred the dispute to the labour court. It dismissed the worker's petition on the ground that he moved the government nearly six years after the termination.

The high court also held the same view.

But when he appealed to the Supreme Court it took a favourable view. It said that the Act allowed the government to refer the dispute at any time. The real test is whether a dispute existed and not when it is made. When the state government is satisfied that there is a dispute, the labour court should consider it on merits. In this case, the labourer was representing his case before various authorities in the time between the termination and the reference to the labour court.

regards
Kamal Prasoon
16th February 2011 From India, Pune
True, but now the Apex Court has clearly ruled that if the dispute exist between the employer and the employee there can not be any time bar to refer the matter to the labor court. This is a landmark judgement as Law of Limitation will not be applicable in such cases any more.
regards,
Kamal
17th February 2011 From India, Pune
kindly attach the said ruling by the Hon’ble supreme court of India in the matter Kuldeep Singh vs Instrument Design Development Centre.
19th August 2015 From India, New Delhi
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™