section 2
Temporary amendment of section 42 and validation and disposal of proceedings instituted in Labour Courts and in Industrial Court under certain provisions of Bom. XI of 1947.
The Maharashtra Industrial Relations (Validation of Certain Proceedings) Act, 1972General19722 sections
Statutory text
- (1) During the relevant period, the provisions of sub-section (4) of section 42 of the principal Act shall be deemed to be deleted; and accordingly, any such proceeding commenced during the relevant period and pending at the commencement of the Maharashtra Industrial Relations (Validation of Certain Proceedings) Act, 1972 (Mah. X of 1973), before any Labour Court or before the Industrial Court in appeal, shall be and shall be deemed to have been duly and validly commenced before such Labour Court, or, as the case may be, maintained before the Industrial Court, and no such proceeding or appeal shall be dismissed or set aside on the ground only that proceedings under paragraph D of sub-section (1) of section 78 of the principal Act were commenced without following the procedure prescribed by sub-section (4) of section 42 of the principal Act, and the proviso thereto.
- (2) Where any such proceedings have, before the commencement of this Act, been dismissed by any Labour Court or the Industrial Court on the ground only that proceedings under paragraph D of sub-section (1) of section 78 of the principal Act were commenced without following the procedure prescribed by sub-section (4) of section 42 of the principal Act and the proviso thereto, such proceedings may be restored to the file of the Labour Court or the Industrial Court on an application made therefor within a period of six months from the commencement of this Act, and be decided as if the proviso to sub-section (4) of section 42 of the principal Act, has been deleted during the relevant period.
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