Malkit Singh and others vs The Presiding Officer, Labour Court, Amritsar and another

S.P. Goyal, J.—The applications filed by the petitioners u/s 33-C(2) of the Industrial Disputes Act (for short ''the Act'') were dismissed by the Labour Court holding that the provisions of 25-M(1) of the Act were ultra vires the Constitution, Reliance for this proposition was placed on the Supreme Court decision in Excel Wear and Others Vs. Union of India (UOI) and Others, and K. Gurumurthy, Authorised Representative of Certain Workmen, etc., etc. Vs. Simpson and Co., Madras and Others, etc., etc., , of the Madras High Court. The Supreme Court, in the said decision, declared the provisions of Section 25-O of the Act to be constitutionally invalid. On the ratio of this decision, the Labour Court would have no jurisdiction to declare the provisions of Section 25-M(1) to be ultra vires. The Labour Court would also not have the jurisdiction to declare any provision of a statute to be ultra vires on the basis of the decision of another High Court. The impugned order is, thus, wholly unwarranted. So, this petition is allowed with costs and the case remanded to the Labour Court for fresh decision in accordance with Law. Costs assessed at Rs. 1,000/-.