DARSHAK LIMITED Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) In this petition presented by M/s. Darshak Limited, a public limited company, questioning the legality of an interim order made by the Industrial Tribunal, Bangalore, the following questions of law arise for consideration : (1) Whether the Industrial Tribunal has the power to grant an interim relief otherwise than by an interim award ? (2) If so, what is the scope of such power ?

(2.) The facts of the case, which have given rise to the petition are as follows : (i) An industrial dispute between the workmen of the petitioner and the petitioner was referred for industrial adjudication by an order made by the State Government under S. 10(1) of the Industrial Disputes Act. One of the points of dispute referred for adjudication was point 19(b). It reads :

(3.) The plea of the petitioner is as follows : The Tribunal has no jurisdiction to grant any interim relief. I any event, transfer of workmen from one place to another is the prerogative of the management and concerns the internal administration. No Industrial Tribunal or Labour Court can interfere with the said legitimate rights of the management. Even assuming the Tribunal had the power, there was no justification for granting an interim order of the type it had granted.