Delay cannot override law: HC strikes down Labour Court’s 333 day order

Recently, the Bombay High Court (Nagpur Bench) emphasised that legal maintainability comes before procedural relief, and quashed a Labour Court order that had condoned a 333-day delay in filing a review application. Justice Prafulla S. Khubalkar held that the Labour Court erred in entertaining the review when the Industrial Disputes Act, 1947 does not confer any power of review, emphasising that delay cannot override the law itself.

The matter arose when Amarlal Parashramji Sharma, an employee claiming to have been employed by JSW Steel through its contractor, filed a reference under the Industrial Disputes Act, 1947. The Labour Court ruled against him, denying his claim for reinstatement. Nearly two years later, Mr. Sharma filed a review application along with a plea to condone the delay, hoping to reopen the earlier award.

The petitioners, represented by Advocate S.N. Kumar, argued that the Labour Court had no jurisdiction to entertain the review since the Industrial Disputes Act does not confer any power of review on Labour Courts. Unless review jurisdiction exists, there is no question of condoning delay, they submitted, while relying on Sudhir Janardhan Desai v. Hyphosphite & Co. and Ors.

On the other hand, respondent’s counsel, Advocate S.A. Mohta, countered that maintainability could only be examined at the review hearing and that the delay condonation application should be considered independently based on “sufficient cause.”

Justice Prafulla S. Khubalkar observed, "Although, there is no quarrel with the proposition that while entertaining an application for condonation of delay, the Court is not required to go into merits of the matter, however, it is equally crucial to ascertain whether the proceedings sought to be initiated are maintainable in law.” 

"The impugned order is passed by the Labour Court by observing that the issue about maintainability of review application requires fullfledged arguments of both the parties and on this pretext the Court proceeded to condone the delay. However, the crucial issue about maintainability of review application before the Labour Court cannot be ignored", added the Court.

While acknowledging that the Industrial Disputes Act is a social welfare legislation and that leniency is generally desirable for employees, the Court emphasised that legal principles of maintainability cannot be ignored.

Accordingly, the Court set aside the Labour Court’s order and rejected the Application, clarifying that jurisdiction and maintainability come before condoning procedural delays.

Case Title:  JSW Steel Coated Products Ltd vs. Amarlal

Case No:  Writ Petition No.1017 of 2025

Coram:  Justice Prafulla S. Khubalkar

Advocate for Appellant: Adv. S.N.Kumar

Advocate for Respondent: Adv. S.A.Mohta