HARUGERI URBAN COOP BANK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners herein are all co-operative societies (in short, 'the societies') registered under the Karnataka Co-operative Societies Act, 1959 (in short, the C. S. Act). They have challenged the awards orders of the various Labour Courts and Industrial Tribunals in the State in reference made by the State Government under S. 10 of the Industrial Disputes Act, 1947 (in short, 'the I. D. Act'), holding that even after S.70(2) (d) was incorporated in the C.S. Act by the Karnataka Co-operative Societies (Amendment) Act, 1976 (Karnataka Act No.19 of 1976) with effect from 20-1-1976, the Labour Court or Industrial Tribunal had jurisdiction to adjudicate the reference made, by the State Government on applications of workmen under S.33C (2) of the I.D. Act.

(2.) These petitions were heard on 13-2-80 and other subsequent dates and at the request of the learned Advocate General, they were posted on 2-1-1980 since a submission was made in the course of the arguments that the State Government was contemplating of bringing the necessary bill for amending S. 70(2) (d) of the C. S. Act. On that date, it was represented by the learned Advocate General that it would not be necessary for this Court to adjudicate on the validity of the aforesaid section in view of the proposed bill which might, become law by the end of May last. Accordingly, these cases were adjourned to 6-6-80 for further hearing, and finally to 17-7-80 at the request of the Government Advocate. On that date, the learned Government Advocate, appearing for the learned Advocate General, submitted that he was not in a position to say categorically whether any proposal or resolution was pending in the Assembly for amending the aforesaid section. But the learned counsel for the workmen in these petitions have brought to my notice that a large number of cases are pending in various Labour Courts all over the State in view of the stay order issued by this Court in these petitions and any delay in the disposal of these petitions would seriously affect the prospects of workmen' and would cause serious disharmony in the industrial relations between the societies and their workmen. I am in agreement with this contention of the learned, counsel for the workmen, and hence I am of the view that no purpose would be served by giving further time to the Government in the absence of any definite commitment from their counsel as to what exactly the Government propose to do to remove the hardship that is caused to the workmen.

(3.) In these petitions, the common question of law that arises for consideration is whether S.70 (2) (d) of the CS. Act would take away the jurisdiction of the adjudicating Authorities constituted by the State Government under S. 7 to 7B of the I. D. Act to adjudicate the disputes of the employees of the societies covered by that sub-section referred to them by the State Government on the applications of those employees under S. 33C (2) of the I. D. Act.