Reinstatement... limitation period

Querist : Anonymous (Querist) 29 November 2011 This query is : Resolved
Dear Experts,

If the Labour Court / Industrial Tribunal awards for reinstatement of the Workman & workman failed to appear for reinstatement to Employer then what is limitation period withing which the Workman has to appear before Employer for Reinstatement?

After lapse of how many days / months the employer can deny the reinstatement to workman by attributing the reason of failure of workman to appear for reinstatement as per Labour Court / Industrial Tribunal Decision?

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Raj Kumar Makkad (Expert) 29 November 2011
If nothing has been mentioned in the award under execution then a reasonable period say 2-3 months period is sufficient to wait for such workman unless he shows sufficient reasons which prevented him to approach for the reinstatement in the job. There is no specific law in this regard and this is to be interpreted with case to case.

Querist : Anonymous (Querist) 29 November 2011
Dear Mr. Makkad Sir,

Thanks a lot for your reply.

Does Section 19 has any role in the same?

H. S. Thukral (Expert) 01 December 2011
Send a letter to the workman informing him of his absence in not joining the duties and presumption that he has voluntarily abandoned the job. Wait for the reply. As far as back wages, if so awarded, are concerned, there is no limitation and can be claimed anytime in a Labour Court application.

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