Section 79 in The Maharashtra 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 proceedings 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 Officer 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 (iii) 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:Provided that, the Labour Court may, for sufficient reasons, admit any application in respect of any dispute made to it under this sub-section after the expiry of the period of three months specified therefor under sub-clause (a) or (b), as the case may be.(4)An application in respect of a matter falling under clause (c) of paragraph A of sub-section (1) of section 78 shall be made within three months of the commencement of the strike, lock-out, clousure 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 three months from the date on which such change was made:Provided further that, when an application is admitted after the expiry of three months under the preceding proviso the employer who made the change shall not be liable to the penalty provided under section 106.
