GATORBHAI SAVJIBHAI Vs. LIMBDI NAGARPALIKA

JUDGEMENT

(1.) In none of these matters, learned Advocates for the petitioners and respondents are present on call.

(2.) In all these matters, common question involved is whether Labour Court or an Industrial Tribunal is a 'court' within the meaning of 'subordinate court' as contemplated in Sec. 10 of the Contempt of Courts.

(3.) Labour Court is established under Sec. 7 of the Industrial Disputes Act, 1947 ('Act' for short) and Industrial Tribunal is established under Sec. 7-A of the Act. If one also looks at the powers which they can exercise, they are given power to exercise for the matters pertaining to different Schedules. If one reads Sec. 7 and Sec. 7-A, they are pari materia. Sec. 7 of the Act, empower Labour Court to adjudicate disputes specified in the Second Schedule and for performing such other functions as may be assigned to them under the said Act. Tribunals established under Sec. 7-A of the Act, empowers adjudication of disputes relating to and specified in the Second Schedule or Third Schedule and for performing such other functions as may be assigned to them under the said Act. Therefore, on reading Sec. 7 and Sec. 7-A, it is clear that the Tribunal under Sec. 7-A can adjudicate all the disputes specified in Second Schedule as well as Third Schedule while the Labour Court's powers are limited to Second Schedule only. Labour Court as well as Tribunals can also perform such other functions as may be assigned to them under the said Act. Thus, it cannot be said that there is any difference or distinction between Labour Courts and Tribunals, except powers that they are required to exercise as qualified in the section itself.