Council of A.P. Trade Union vs State of Andhra Pradesh and Others

Ramanujulu Naidu, J.—Sri E.D. Nathan, Party-in-person, challenges the competence of the Labour Courts and Industrial Tribunals situate in the State of Andhra Pradesh levying court fees on applications filed under the Industrial Disputes Act.

For the purpose of appreciating the question raised, reference may be made to the material provisions in the Industrial Disputes Act, hereinafter referred to as ''the Act''. Section 2(f) of the Act defines ''Court'' meaning a Court of inquiry constituted under the Act. u/s 7 of the Act, the appropriate Government is empowered to constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under the Act, while u/s 7A of the Act, the appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned to them under the Act. Section 38 of the Act, confers power on the appropriate Government to make rules for the purpose of giving effect to the provisions of the Act. The Industrial Disputes (Central Rules), 1957 do not provide for levy of Court-fees on any applications filed under the Industrial Disputes Act. Rule 28 of the A.P. Industrial Disputes Rules, 1958 provide for levy of fees for making a copy of an award or an order of a Labour Court or Tribunal or any document filed in any proceedings before a Labour Court or Tribunal at the rates prescribed therein.

It may be thus noted that neither under the Act nor under the rules framed by the appropriate Government, there is a provision authorising levy of court-fees on any applications or documents filed under the provisions of the Industrial ''Disputes Act.

The question which, however, remains to be considered is whether under the provisions of the A.P. Court-Fees and Suits Valuation Act, 1956, hereinafter referred to as ''the Act'', such applications and documents are chargeable with court-fees. Section 3(ii) of the Act defines ''Court'' as meaning any civil, Revenue or Criminal Court and including a Tribunal or other authority having jurisdiction under any special or local law to decide questions affecting the rights of parties. By virtue of the said definition, Labour Courts or Industrial Tribunal are courts within the meaning of the Act. Section 2(2) of the Act enacts that the provisions of the Act relating to the levy of fee shall be subject to the provisions of any other law relating to the levy of fee in respect of proceedings under such law. Inasmuch as there is no provision either in the Industrial Disputes Act or in the rules made thereunder authorising levy of court-fees on applications and documents filed before the Labour Courts or Industrial Tribunals, the provisions of the A.P. Court-Fee and Suits Valuation Act, 1956 shall have application in that behalf. u/s 4 of the Act, no document which is chargeable under the Act shall be filed in any court except on payment of fee which is chargeable in respect of such document under the Act. There is no provision in the Act authorising levy of court-fee on applications or documents filed before the Labour Courts and Industrial Tribunals. However, Article 11(d) of Schedule II of the Act prescribes payment of a court-fee of one rupee on applications or petitions presented to any court and not otherwise provided in that Act. It, therefore, follows that the Labour Court and the Industrial Tribunals are certainly competent to levy court-fees on applications and documents filed under the various provisions of the Industrial Disputes Act. The Writ Petition is without merit and it is accordingly dismissed. No costs.

Before parting with the case, I must record my deep appreciation of the valuable assistance rendered by Sri B. Adinarayana Rao, Advocate, who is appointed as amicus curiae to assist the Court. He shall be paid remuneration in a sum of Rs. 250/-.