N? cz^ i^0~) //!// IN THE HIGH COURT OF CHHATTTSGARHAT BILASPUR W. P. (L} No.^^ /2011 PETITIONER ^'r^5i f^y^^ ^^"" .^/^^^" ^;'"" RESPONDENTS / ^l' i^ ^ Komal Prasad Jaiswal S/o Shri Nidan Prasad Jaiswal, age about 48 years, R/o In-igation Colony Darri, Near Jaiswal Pan Center, Distt.-Korba(C.G) VERSUS State of C. G. Through- Secretery WaterResources Deptt. D.K.S. Bhavan, Raipur (C.G) Superintendent Engineer (Admn) Water Resources Deptt. Rampur Korba, Distt.- Korba (C.G.) Executive Engineer Hasdeo Baraj Jal Prabandh Division Rampur, Korba, Distt.-Korba (C.G) WRIT PETITION UNDER ARTTCT.F 226 & 227 OF THE CONSTITUTION OF TNDIA ^tNlK/^ \^ 9\3M.^M^t Ll-x '^->7S\ ^tn^ % HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition (L) No. 2813 of 2011 PETITIONER RESPONDENTS VERSUS Komal Prasad Jaiswal State of C.G. and others ^ Shri S.P. Kale counsel for the petitioner. Shri A.V. Shridhar PL for the respondents. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA ORDER (30.11.2011) Challenge in this petition is to the award dated 29.1.2009/5.12.2009 passed by the Labour Court, Korba in Case No. 5/IDA/2008 Ref. 2. Counsel for the petitioner submits that the Labour Court dismissed the claim of the petitioner only on the ground that the application was made after a period of about twelve years. He submits that the Court below should have decided the cas'e ofthe petitioner on merits ignoring the point of limitation.. 3. This issue was considered by this Court in the matter of Ramkumar Suryavanshi v. State of C.G. and others reported in 2006 (III) FLR 946 wherein relying upon the dictum of the Supreme Court in the case of Ajaib Singh v. Sirhind Co-operative Marketting-Cum-Processing Service Society Limited and another and other judgments, it has been held that the order of dismissal only on the ground of delay was not justified. Counsel for the petitioner further submits that the delay may be considered while granting the relief in adjudication process provided that the employer is able to establish real prejudice. 4. On the other hand, counsel for the respondents/State submits that even though there is no specific period prescribed for limitation, the application before the Labour Court was filed after a period of twelve years ^y -5 _ and therefore, the Labour Court has rightly dismissed the same on the ground that the petitioner did not take recourse to remedy available to him under the law diligently and slept overhis right for several years and as such the Labour Court was fully justified in dismissing the claim of the petitioner on the ground of delay. 5. In almost an identical situation, this Court in the case of Ramkumar Suryavanshi (supra) has held that dismissal of the case only on the ground of delay is not justified; relying upon the verdict of the Supreme Court in the case of Ajaib Singh (supra), Gurmaail Singh v. Principal, Government College of Education and others reported in 2000 (84) FLR 920 SC and S.M. Nilajkar and others v. Telecom District Manager, Karnataka reported in 2003 (97) FLR 608 SC. 6. While passing the impugned award the Labour Court relied upon the judgment of this Court in the matter of Naresh Giri Goswami v. State of C.G. and others reported in 2008 (3) CGLJ 126 whereas the said judgment was passed by this Court in a petition directly filed under Articles 226/227 of the Constitution of India without taking recourse to the provisions of the Act of 1947. Thus it can be said that the application of afore-stated legal pronouncement by Labour Court while passing the order under challenge in this petition is not correct." 7. Accordingly, the petition is allowed. Order dated 29.1.2009/5.12.2009 passed by the Labour Court is hereby set aside. The matter is remandedto the Labour Court for appropriate adjudication on the point of limitation in accordance with law and the observations made by this Court in various judgments as well as by the Supreme Court referred to inthe case of RamkumarSuryavanshi (supra). 8. No order as to cost. Sd/- Pritinker Diwaker Judge