AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Sinha, J
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 (CGIT) 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 up of the Tribunal, the Labour Court lost its jurisdiction to deal with the industrial dispute and 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.
He files a brief of documents with copies to Mr. Das, learned advocate appearing on behalf of the workman and Mr. Sharma, learned advocate, Additional Government Advocate appearing on behalf of opposite party no.1. The documents include, inter alia, order dated 15th December, 2000, text of which is reproduced below.
“Consequent upon the setting up of a Central Government Industrial Tribunal-cum-Labour Court in Bhubaneswar under section 7 to the Industrial Disputes Act, 1947, all the central sphere cases numbering 302+90 pending in the State Industrial Tribunal of Bhubaneswar and Rourkela respectively as per the list furnished by these Tribunals may be transferred for adjudication to the CGIT-cum-Labour Court, Bhubaneswar under section 33-B of Industrial Disputes Act, 1947.”
On query from Court, Mr. Mishra submits, the I.D. case was not transferred pursuant to above order because before that, award dated 1st December, 2000 had been made and published, under challenge by his client in OJC no.1883 of 2001.
He submits, the Misc. Case under section 33-C(2) could not have been filed in year 2012 before the Labour Court. As such, his client made application challenging maintainability of the proceeding in said Court, on constitution of the CGIT at Bhubaneswar. The application is annexure-3, while impugned order dated 21st November, 2014 made by the Labour Court, rejecting it, is annexure-4.
Mr. Das submits, award dated 1st December, 2000 was challenged by the management, in this Court. Interim order dated 22nd February, 2001 was made staying the award. His client filed Misc.Case under section 17-B. The interim order then stood vacated on 11th August, 2011 and impugned order came to be passed, under section 33-C(2). He adds, there be direction for the Misc. Case to be transferred to the CGIT. Mr. Mishra replies, in that event it be made clear that the Misc. Case be proceeded with by the transferee Court on and from the position, restored by setting aside impugned order.
Perused the order sheet. Petitioner (management) had obtained interim order on 21st July, 2016, having moved the writ petition presented earlier on 1st July, 2016 against order dated 21st November, 2014. By interim order dated 21st July, 2016, there was direction that in case petitioner files application before the Labour Court in the Misc. Case seeking adjournment, in such event the Court below shall stay further proceeding till 23rd August, 2016. The interim order was continued from time to time and lastly by order dated 16th February, 2017, made by coordinate Bench. Thereby it was to continue till the next listing. Order sheet bears subsequent order dated 12th May, 2017, which did not continue the interim order. We, by our order dated 27th February, 2023 continued the interim order till next date of hearing on the management having filed interim application being I.A. No.15594 of 2022.
Clearly, the industrial dispute case, culminating in said award dated 1st December, 2000, was not counted for transfer by aforesaid order dated 15th December, 2000. It was not one of the 302 cases directed to be transferred thereby to the CGIT, simply because the reference stood concluded earlier on 1st December, 2000. In the writ petition challenging said award, interim order of stay stood vacated on 11th August, 2011. Opposite party (workman) thereafter approached the Labour Court under section 33-C(2). On query from Court, we have ascertained that petitioner (management) was represented in the Labour Court. We have already pointed out, there was delay of almost two years, in presenting this writ petition, challenging impugned order. Furthermore, there were gaps when the interim order, obtained herein, was not operating. In the circumstances the Labour Court proceeded with the Misc. Case, as is submission on behalf of both, petitioner (management) as well as the workman.
Sections 38 to 42 in Code of Civil Procedure, 1908 provide for execution of decree by the Court, which passed it, the transferee Court and their respective powers. The workman had filed the Misc. Case for computation of the relief flowing out of the award, available to him as entitled thereunder. It is in the nature of execution of the award. The Code says a decree may be executed either by the Court, which passed it or by the Court, to which it is sent for execution and the transferee Court will have the same power as the original Court. In this case, regarding the transfer, no order has been passed under section 33-B. In the circumstances, by reason of parties having participated in the Misc. Case and the Labour Court as may have proceed therewith, in the time interim order was not obtained and thereafter had not been extended, having power to do so, we direct transfer of the Misc. Case to the CGIT, for the case to be proceeded with prospectively. The record in ID Misc. Case no.61 of 2012 be transmitted forthwith from Labour Court, Bhubaneswar to the CGIT, for the Tribunal to proceed from the stage, up to which the case stands dealt with by the Labour Court. Our direction for transfer is made under section 24 in the Code. That it can be made may be seen from order dated 25th January, 2022 in WP(C) no.2840 of 2002 (Prafulla Chandra Pradhan v. The Presiding Officer, Industrial Tribunal and another).
The transferee Court will expeditiously deal with the Misc. Case, preferably within three months from date. The Registry is to communicate this order to the Labour Court, Bhubaneswar for immediate transmission of the record in ID Misc. Case no.61 of 2012 to the Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar. On transfer the case be registered on re-number and proceeded with as directed.
The writ petition is disposed of.
…………………………….