THE BHARAT BANK LTD., DELHI Vs. THE EMPLOYEES OF THE BHARAT BANK LTD., DELHI AND THE BHARAT BANK EMPLOYEES' UNION, DELHI

JUDGEMENT

(1.) I have read the judgments prepared by Messrs Fazl Ali, Mahajan and Mukherjea, JJ., in this case. As the views in those judgments in respect of the nature of the duties and functions of the Industrial Tribunal do not show agreement I consider it necessary to add a few words of my own.

(2.) IN my opinion, the functions and duties of the Industrial Tribunal are very much like those of a body discharging judicial functions, although it is not a Court. The rules framed by the Tribunal required evidence to be taken and witnesses to be examined, cross -examined and re -examined. The Act constituting the Tribunal imposes penalties for incorrect statements made before the Tribunal. While the powers of the Industrial Tribunal in some respects are different from those of an ordinary civil Court and it has jurisdiction and powers to give reliefs which a civil Court administering the law of the land (for instance, ordering the re -instatement of a workman) does not possess in the discharge of its duties it is essentially working as a judicial body. The fact that it determination has to be followed by an order of the Government which makes the award binding, or that in cases where Government is a party the legislature is permitted to revise the decision, or that the Government is empowered to fix the period of the operation of the award do not, to my mind, alter the nature and character of the functions of the Tribunal. Having considered all the provision of the Act it seems to me clear that the Tribunal is discharging functions very near those of a Court, although it is not a Court in the technical sense of the word.

(3.) AS regards the merits, I do not think this is a case in which I would admit the appeal. The aggrieved parties may apply for redress by adopting other appropriate proceedings. The appeal, therefore should be dismissed with costs.