May 16, 2019
Aurangabad Bench of the Bombay High Court ruled after considering the delay aspect, that the Industrial Court has rightly deprived the complainant of any interest on unpaid wages.
The issue involved in the case was regarding the interpretation of a circular issued by the Petitioner establishment on the basis of a policy decision taken by the establishment, to raise the age of retirement of seasonal clerks, seasonal watchmen and daily wage labourers, from 58 years to 60 years.
Respondent attained the age of retirement at 58 years before the said circular was issued, and prayed for being considered for reemployment after issue of circular.
The Advocate for the petitioner however, raised the issue of delay by which the complainant approached the Industrial Court and argued that if there is a delay of any nature whatsoever beyond limitation period prescribed, an application for seeking condonation of delay was necessary under Regulation 101 of the Industrial Court Regulations, 1975.
The Bench presided by Justice Ravindra V. Ghuge ruled as under,
"In any matter wherein the cause of action may be crystalized on a particular date or may be of recurring nature or continuous nature, an application for seeking condonation of delay before the Labour Court or the Industrial Court, as the case may be, shall be necessary in order to enable the concerned Court to pass a formal judicial order of condonation of delay pursuant to which such a ULP complaint could be registered."
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