Himachal Pradesh Court in Ranjeet Singh vs. The Presiding Officer CGIT-cum-LC, Chandigarh (CWP No. 9957/2023), while allowing the workmen to file a petition under Section 2A of the Industrial Disputes Act, 1947 (“ID Act“) before the Industrial Tribunal-cum-Labour Court (CGIT) despite the expiration of the three-year limitation period, referred to the Supreme Court’s decision in Purni Devi & Anr. vs. Babu Ram & Anr. (CA No. 4633/2024). The Supreme Court held that if it is evident that the applicant pursued the matter diligently and the delay was due to pursuing remedies before the wrong forum, the time spent before the wrong forum should be excluded when calculating any delay in the competent court. In the present case, the workman initially pursued the matter before the Labour Officer-Cum-Conciliation Officer, who subsequently advised approaching the CGIT. This sequence of events provides a plausible explanation for seeking condonation of delay in applying Section 2A of the ID Act.
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