BALLARPUR COLLIERIES CO Vs. STATE INDUSTRIAL COURT NAGPUR

JUDGEMENT

(1.) The only question raised in this appeal by special leave is whether the Central Provinces and Berar Industrial Disputes Settlement Act, No. XXIII of 1947, (hereinafter referred to as the Act) is applicable to the head office of the appellant which is known as the Ballarpur Collieries Company. The head office is situate in Nagpur and has a staff of about 35 employees. The business of the head office is to look after the sale of coal extracted from the collieries.

(2.) The question arises in this way. Bapat respondent was a stenographer working in the head office at Nagpur. He was dismissed from service on July 31, 1959. It is not necessary for present purposes to go into the facts and circumstances leading to his dismissal. Suffice it to mention that an enquiry was said to have been held before the dismissal order was passed. While this enquiry was pending, Bapat made an application under S. 16 of the Act before the Assistant Commissioner of Labour, Nagpur, on July 21, 1959. In this application Bapat prayed that the employer should be ordered to pay him wages from the date of dismissal, discharge or removal to the date of the order under S. 16 in addition to a sum not exceeding Rs. 2,500 by way of compensation. It was also prayed that the employer should be ordered to pay retrenchment compensation under Chap. V-A of the Industrial Disputes Act, No. 14 of 1947 (hereinafter referred to as the Central Act No. 14). Though this application was headed as application for reinstatement and compensation etc., there was no prayer for reinstatement and Bapat was only content to ask for a sum of Rs. 2,500 by way of compensation. While this application was pending, Bapat was, as already indicated dismissed on July 31, 1959. Thereupon he filed another application under S. 16 of the Act on August 19, 1959. In this application he prayed for reinstatement or in the alternative for full compensation amounting to Rs. 2,500 and such other relief as he might be entitled to.

(3.) The main contention of the appellant before the Assistant Commissioner of Labour was that the Act did not apply to it and therefore the Assistant Commissioner had no jurisdiction to proceed in the matter. The Assistant Commissioner held that the Act applied and he had jurisdiction to deal with the matter. He therefore gave relief by setting aside the order of dismissal and directing that the employer should pay Rs. 2,000 as compensation and wages from the date of dismissal to the date of his order.