Can an Employee Legally Raise a Dispute 10 Years After Termination? Seeking Advice

Dear All,

One of our employees was terminated 10 years ago, and all the benefits had already been given to him. However, after 10 years, he raised industry disputes under section 2(A) to the conciliation officer. Now, my question is, can an employee raise a dispute against the company after 10 years? I am seeking your assistance in this matter.

Employee can raise any dispute at any moment, but whether to entertain it or not is a government authority call. Once it is entertained by government authorities, then the employer needs to object before government authorities with relevant documents/evidence.

Amendment to Sec. 2A of the ID Act, 1947

After the amendment to Sec. 2A of the ID Act, 1947, effective from 15-09-2010, no dispute under this section can be raised by the workman about his non-employment by way of discharge, dismissal, retrenchment, or termination by the employer after the expiry of 3 years from the date of such termination.

As the effect of this amendment is mandatory and not directory, such time-barred claims should be dismissed in limine by the authority concerned without waiting for the objection, if any, to be filed by the employer.

Dear Sir,

First of all, thank you all for your valuable suggestions.

Could you provide me with an electronic copy of the amendment to section 2A of the ID Act? We have received a letter from the labor department citing section 2A, regarding a termination that occurred 10 years ago. In this context, we would like to present the conciliation officer with a copy of the amendment to section 2A. Kindly provide me with the same so that I can address the case in my favor accordingly.

Thank you.

Dear Gaurav,

Please go through india kanoon org, and you will find many judgments on this issue. Also, search the web, and you will find the notified copy of the amendment to the ID Act, 1947, carried out in 2010.

You can raise an objection before the authority that the matter has no merit as it 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 15th 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.]

Amendments to Section 2A

Section 2A of the principal Act shall be numbered as sub-section (1) thereof, and after sub-section (1) 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 directly 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. Upon receipt of such application, the Labour Court or Tribunal shall have the 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.