Can a Supervisor Raise a Dispute with the ALC Five Years After Termination? Seeking Guidance

Dear Seniors,

Is there a time limit for raising a dispute to the ALC under the Bombay Industrial Relations Act? One of our supervisors was terminated in 2005 due to poor performance, and now in 2010, he has raised a dispute with the Assistant Labour Commissioner. My question is, can he raise the dispute after five years?

Regards, Raj_27

Hi,

Yes, he can raise a dispute. These delays can be condoned (can give a proper explanation for delay). However, the onus of explaining the authority/court as to why it took so much time to raise a dispute in a convincing manner lies on the person who has been terminated.

Kind regards,
Dayanand L. Guddin

Hello,

Yes, he can raise a dispute at any time, even after 15 years. As rightly pointed out, the onus of explaining to the court the delay in raising a dispute lies with the petitioner. In the majority of cases, the courts do condone the delay.

Dear Dayanandji & Ramnji,

Many thanks for your views. The said supervisor had never applied for reinstatement; however, he had tried a lot to use political influence. Can he produce letters from political leaders as evidence to prove that he had communicated with the company many times for reinstatement? Will the ALC or court of law admit these letters?

Request your guidance, please.

Regards,
Raj_27

Hi,

The letters from anybody apart from the aggrieved party himself will not form any valid evidence. They do not serve any purpose for him; rather, they may harm him in the legal proceedings. The courts usually do not take such communication into consideration.

Kind regards,

Dayanand L. Guddin