ACHAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition is concerned with the construction of S.33B(1) of the Industrial Disputes Act, 1947, hereinafter referred to as the 'Act'.

(2.) The petitioner made Ext. P1 application before the District Labour Officer, Alleppey complaining that the 3rd respondent, her employer, refused employment to the petitioner subsequent to 20th August 1974. Since conciliation proceedings did not succeed, the first respondent, which is the State of Kerala, exercising its powers under S.10(1)(d) of the Act, referred the dispute for adjudication to the second respondent, which is the Industrial Tribunal, Alleppey. The dispute was numbered as I.D. No. 15 of 1976 and the adjudication proceedings started. At a certain stage of the proceedings the petitioner felt that the second respondent was biased against her and consequently she filed Ext. P3 application before the first respondent under S.33B(1) of the Act for transferring I.D. No. 15 of 1976 from the file of the second respondent to the Labour Court, Quilon for proper adjudication. The first respondent rejected Ext. P3 by Ext. P5 order dated 7th October 1977. The petitioner challenges the legality of Ext. P5 and prays for a transfer of I.D. No. 15 of 1976 from the files of the second respondent to that of the Labour Court, Quilon.

(3.) The operative portion of Ext. P5 reads as follows: