RAJA RAM MAIZE PRODUCTS versus INDUSTRIAL COURT OF M.P. AND ORS.

RAJA RAM MAIZE PRODUCTS versus INDUSTRIAL COURT OF M.P. AND ORS.

When workmen are not allowed to resume work after the Labour Court's direction, the cause of action is complete, and applications filed beyond two years from that date are barred by limitation under Section 62 of the M.P. Industrial Relations Act, 1960. Recurring cause of action does not arise by repeated demands for reinstatement after refusal.

Parties
Appellant: Raja Ram Maize Products; Respondents: Industrial Court of M.P. and Ors.
Jurisdiction
India
Judgment Date
21 March 2001
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Limitation, Industrial Disputes, Unfair Labour Practice
Labour Law Limitation Industrial Disputes Unfair Labour Practice

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Parties

Raja Ram Maize Products

Appellant

Industrial Court of M.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the applications filed by workmen for reinstatement are barred by limitation under Section 62 of the M.P. Industrial Relations Act, 1960
  2. 2 Whether the cause of action is recurring when workmen are repeatedly refused reinstatement

Ratio Decidendi

When workmen are not allowed to resume work after the Labour Court's direction, the cause of action is complete, and applications filed beyond two years from that date are barred by limitation under Section 62 of the M.P. Industrial Relations Act, 1960. Recurring cause of action does not arise by repeated demands for reinstatement after refusal.

Court Disposition

appeal allowed

Orders

  • Orders made by the High Court setting aside the order of the Industrial Court and restoring that of the Labour Court are reversed.
  • Applications filed by the workmen before the Labour Court are dismissed.