MODERN PAPER CONVERTERS Vs. S V KOTNIS

JUDGEMENT

(1.) This petition raises a dispute about the extent of the jurisdiction of the Labour Court under S. 33C(2) of the Industrial Disputes Act, 1947. Only few facts need be mentioned to understand the controversy between the parties. Respondents Nos. 2 to 6, hereinafter referred to as "the respondents", had along with some others filed an application, being application No. 1345 of 1973, in the Labour Court at Bombay under S. 33C(2) of the Industrial Disputes Act claiming minimum wages under a notification issued under the Minimum Wages Act made applicable to the printing presses. The Labour Court took the view that there was a dispute relating to the coverage of the notification and this dispute was beyond the scope of the jurisdiction of the Labour Court under S. 33C(2) of the Industrial Disputes Act. The Labour Court also took the view that since the respondents had failed to lead evidence to prove that the notification applied to the petitioner concern, the respondents were not entitled to succeed in their application.

(2.) This order of the Labour Court was challenged by the respondents in a petition under Arts. 226 and 227 of the Constitution filed in this Court. That petition was Special Civil Application No. 1014 of 1974 which was heard and disposed of by a Division Bench of this Court by its judgment and order dated 8th March, 1979. By this judgment the Division Bench specifically overruled the view taken by the Minimum Wages Act cannot be subject-matter of an inquiry under S. 33C(2) of the Industrial Disputes Act. However, on the other question, namely, on evidence to show that they were covered by the notification, the Division Bench said that it was not necessary to remand the matter to the Court below because it was open to the respondents "to approach the Court once again and to lead evidence to show that their concern is governed by the notification in question."

(3.) Thereafter the respondents filed another application, being Application (IDA) No. 818 of 1979, in the Labour Court at Bombay again under Section 33C (2) of the Industrial Disputes Act. To this application the petitioner took several objections two of which need be mentioned at this stage. One was that the claim was barred by "res judicata" in view of dismissal of the claim of the respondents earlier by the Labour Court and confirmation of the said dismissal by the High Court in Special Civil Application No. 1014 of 1974. Secondly, it was also contended that the dispute relating to the applicability of the Minimum Wages Act or the notification issued under the said Act on the contention raised by the petitioner in its written statement, could not be adjudicated upon by the Labour Court under 33C(2) of the Industrial Disputes Act.