The case is titled “State of Punjab v. Gurdev Singh (1991) 4 SCC 1” and it revolves around the applicability of Article 113 Limitation Act, 1963 in respect to termination of employment and its subsequent actions.
Background and Facts
- On September 29,1975 respondent was appointed as an ad hoc sub-Inspector but subsequently went away from duty resulting into his termination on January 27,1977.
- He filed a suit on April 18,1984 alleging that it violated the principles of natural justice and his conditions of service and that he was still serving.
- The state argued that it is time barred whereas the Additional District Judge held in appeal that there is no limitation prescribed for challenging illegal order.
Legal Issues and Observations
- Whether the suit is time-barred under Limitation Act, 1963 is the main issue before this Court?
- The Supreme Court laid emphasis on when plaintiff’s ‘right to sue’ arose.
- Article 113 under Limitation Act,1963 being residuary provision prescribes three year limitation period for filing suit after accrual of right to sue.
- It clarified by stating that a lawsuit such as this must be filed either when there has been a violation of right asserted in it or when there exists a clear threat to violate such a right at all.
Conclusion
- In other words its position was that such a case should be initiated either upon breach or threatened violation of an asserted right contained therein at all times hitherto mentioned in court documents like this one. Conclusion Accordingly,the Supreme Court upheld the view point that a suit for declaration by wrongfully dismissed employee challenging validity thereof falls within Article120 of the Limitation Act1908 which corresponds with Article113 of the Limitation Act1963
This case has significance in relation to how much does Limitation Act go into labour disputes especially where legality of orders terminating services are disputed but also shows how court approaches several provisions of Limitation Act with reference to labour laws administrative machinery.
