You can raise objection before the authority that the matter has got no merrit as has been time barred under the Act as notified[S.O. 2278(E).- In exercise of the powers conferred by sub-section (2) of Section 1 of the Industrial Disputes (Amendment)
Act, 2010 (24 of 2010), the Central Government hereby appoints the 15 th Day of September, 2010, as the date on which
the said Act shall come into force.
[F.No.S-11012/1/2007-IR(PL)]
RAVI MATHUR, Addl. Secy. ]
3. Section 2A of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (l) as so numbered,
the following sub-sections shall be inserted, namely:-
“(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1)
may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to
therein after the expiry of three months from the date he has made the application to the Conciliation Officer
of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour
Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute
referred to it by the appropriate Government in accordance with the provisions of this Act and all the
provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial
dispute referred to it by the appropriate Government.
(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the
expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service
as specified in sub-section (1).”
The direction of Mr Umakanthan is right to follow.