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TMI Blog1971 (9) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... draft Standing Orders to the certifying officer and the same, after certification, was sent to the parties on 2nd December, 1964. Respondent No. 1, representing the Union of the workers, preferred an appeal to the Labour Court, Gauhati, on 22nd December 1964 and the case was duly registered being No. 14 of 1964. After hearing the parties, the appeal was disposed of by the Labour Court on 29th January, 1966 in favour of the Union. The Petitioner moved the High Court on 23rd March 1966 under Article 226 of the Constitution against the order of the Labour Court and the petition was allowed on 21st November 1967 holding that the Labour Court had no jurisdiction to hear the appeal. The High Court observed: It is unfortunate that the Respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. Before we construe Section 14(2), we have to see the nature of the proceeding, out of which the appeal arose. The appeal is against an order in a proceeding before a certifying officer under Section 5 of the Act. That proceeding is not a civil proceeding inasmuch as an order in such a proceeding does not relate at that stage to any c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;civil proceeding' and had been 'prosecuted ... in a court'. Section 14(1) refers in terms to the 'period of limitation for any suit' and 'whether in a court of first instance or of appeal or revision.' These expressions clearly refer to a civil suit prosecuted in a civil court. When we come to Section 14(2), the reference is to 'any application'. But the expression 'civil proceeding' 'whether in a court of first instance or of appeal or revision', and 'prosecuted ... in court' are repeated. When these expressions are used in the same section, it is difficult to give a different meaning to the word 'Court' and include a tribunal or a labour court with the trappings of a c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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