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Judgment
Mr. Mishra, learned senior advocate appears on behalf of petitioner management. He submits, there has since been set up Central Government Industrial Tribunal-cum-Labour Court at Bhubaneswar. He submits, the industrial dispute is between the oil company and, inter alia, its contractor. Therefore, appropriate Government as per section 2 in Industrial Disputes Act, 1947 is the Central Government. Hence, upon setting of the Tribunal, the Labour Court lost its jurisdiction to deal with the industrial dispute or any miscellaneous case arising or connected therewith. On query from Court he submits, section 7 provides for constitution of Labour Courts by the appropriate Government.
Mr. Das, learned advocate appears on behalf of opposite party nos.2 to 7 (workmen). He submits, impugned is order dated 21st November, 2014 made by the Labour Court, in which it was made clear that said Court was seized with the industrial dispute. There was writ petition filed in connection with the dispute. Interim order was made granting relief to his client under section 17-B. On non-compliance the interim order stood vacated and impugned order came to be passed under section 33-C(2). There is no cause for interference.
We require the notification constituting the Central Government Industrial Tribunal-cum-Labour Court at Bhubaneswar and the direction for transferring cases from the labour Court to it. We also require notification no.13376/LE-dated 23rd September, 1991 issued by the Government of Odisha. Petitioner is to produce these and other relevant documents, as it may be advised, on adjourned date.
List on 13th March, 2023 along with OJC no.1883 of 2001.
Interim order to continue till next date of hearing.
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