KRISHNA Vs. SIRSI URBAN CO OPERATIVE BANK LIMITED

JUDGEMENT

(1.) BY the impugned orders dated 27-9-2003 passed in Reference Nos. 276 of 1985 and 18 of 1986, the I Additional Labour Court, Bangalore, held that it has no jurisdiction to entertain the disputes and consequently, closed the proceedings. While passing the impugned orders, the Labour Court relied upon the judgment of the Full Bench of this Court in the case of Karnataka Sugar Workers Federation (R), bangalore v State of Karnataka.

(2.) THE records disclose that the petitioners herein who were the employees of the respondent-Bank were terminated on 15th March, 1983 and 27th May, 1983. The conciliation proceedings were failed. The appropriate Government referred the disputes for adjudication to the labour Court. The disputes were pending before the Labour Court, hubli since 1984 to February 1985. Thereafter, the disputes were transferred to I Additional Labour Court, Bangalore vide Government order dated 2-2-1985. Since then the matters are pending before the labour Court, Bangalore. During the pendency of the disputes, Section 70 and Section 118 of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) are amended to e-clude the jurisdiction of Civil, labour, Revenue Courts and Industrial Tribunal in the disputes touching the management or the business of the Co-operative Society. The said amendment was brought by virtue of Act 2 of 2000 by substituting the words "no Court or Labour or Revenue or Industrial tribunal" for the words "no Court". In view of the aforesaid amendment, the Labour Court held that it has got no jurisdiction and consequently closed the proceedings.

(3.) SRI Balakrishna Shastry, learned Counsel appearing on behalf of the petitioners vehemently submitted that the proceedings before the labour Court should be allowed to be proceeded with before the Labour court only, inasmuch as, they are pending since 1984 and that the proceedings are almost nearing completion. He further submitted that in view of the provisions of Section 6 of the General Clauses Act, 1897, pending proceedings before the Court are saved and that therefore, they should be continued in the Labour Court. Per contra, learned Counsel appearing on behalf of the respondent contended that in view of the aforesaid amendment, the Labour Court has no jurisdiction to proceed further and the matters have to be dealt with by the Registrar under section 70 of the Karnataka Co-operative Societies Act.