DESRAJ Vs. INDIAN HUME PIPE COMPANY LTD

JUDGEMENT

(1.) This is an application for revision of the order passed by the Assistant Commissioner of Labour, Nagpur, in an application made before him by one Desraj under S. 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (hereafter called the Act). In his application, Desraj alleged that he had worked with the non-applicant company as an engineer, he was appointed in December 1955 and worked at Lucknow till 1956, from May 1956 till July 1959, he worked at Kanhan, he was then transferred to Cuttak where he worked from 19 July to 19 September. By a notice dated 19 September, his services were terminated by the company, on the ground that they were no longer required. He was offered three months' wages and other benefits due to him under he terms of agreement between him and the company. He, however, alleged that the discharge was in contravention of the provisions of the Act and claimed reinstatement.

(2.) The non-applicant alleged that the employer company was at Bombay. The termination of the services of the applicant took place at Cuttak, the dispute, if any, substantially arose at Cuttak and the Court would have no jurisdiction to try, entertain and proceed with the application.

(3.) The trial Court upheld the contention of the non-applicant and came to the conclusion that it had no jurisdiction. The application was accordingly dismissed.