DECISION ' This appeal has been filed against the order of the Labour Court ordering re-instatement of the respondent on an application made by him under section 25-A, I. R.
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2. The respondent was in the permanent employment of the appellant. He was retrenched on 17th February, 1975. He approached the Junior Labour Court. There was a compromise in between the parties and the respondent was taken back. His service was again terminated on 29th August, 1975.
He, therefore, sent a grievance notice dated 2nd October, 1975. It is alleged that he was kept on hopes by the Manager and finally he was refused on 28th October, 1975. He, therefore, made an application to the Junior Labour Court on 1st December, 1975. Subsequently, the application was withdrawn and a fresh application was made to the Labour Court on 22nd February, 1977.
3. The application was opposed. Amongst other grounds it was pleaded that the application was hopelessly time-barred.
4. Evidence was tendered by both the parties. On the assessment of the evidence the Labour Court passed the impugned ing reinstatement of the respondent. Aggrieved by this, the present appeal had been filed.
5. The learned counsel for the appellant attacked the order of the Labour Court on various grounds.
One of the grounds taken by him was that, although, a plea of limitation was taken but the Labour Court did not care to deal with this plea. I fir d considerable force in this plea. When the plea of limitation was taken it was the duty of the Labour Court to have dealt with the plea. Since it was not dealt the impugned order is vitiated and cannot be supported.
6. In result I allow the appeal and set aside the order of the Labour Court and remand the case to the Labour Court for disposal of the case in the light of his finding on the plea of limitation raised on behalf of the appellant.