Section 79 in Bombay Industrial Relations Act, 1946
79. Commencement of proceedings. - (1) Proceedings before a Labour Court in respect of disputes falling under clause (a) of paragraph A of sub-section (1) of section 78 shall be commenced on an application made by any of the parties to the dispute, a special application under sub-section (3) of section 52 or an application by the Labour Officer [or a representative union] and proceeding in respect of a matter falling under clause (c) of the said paragraph A on an application made by any employer or employee directly affected or the Labour Court [or a representative Union],
(2)Every application under sub-section (1) shall be made in the prescribed form and manner.(3)An application in respect of a dispute falling under clause (a) of paragraph A of sub-section (1) of section 78 shall be made,-(a)If it is a dispute falling under sub-clause (i) or (ii) of the said clause, within three months of the arising of the dispute;(b)If it is a dispute falling under sub-clause (iiii) of the said clause, within three months of the employee concerned having last approached the employer under the proviso to sub-section (4). of section 42.(4)An application in respect of a matter falling under clause (c) of paragraph A of sub-section 78 shall be made within [six months] of the commencement of the strike, [lock-out, closure or stoppage] or of the making of the illegal change, as the case may be:[Provided that the Labour Court may, for sufficient reasons, admit any application for a declaration that a change is illegal under this act, after the expiry of [six months] from the date on which change was made:Provided further that when an application is admitted after the expiry of [six months] under the preceding proviso the employer who made the change shall not be liable to the penalty provided under section 100.]
