LAWS(APH)-2008-7-119

S PADMANABHAM Vs. INDUSTRIAL TRIBUNAL II

Decided On July 30, 2008
S PADMANABHAM Appellant
V/S
INDUSTRIAL TRIBUNAL II Respondents

JUDGEMENT

(1.) THE writ petitions are listed before us by way of reference by a learned single Judge of this Court to answer the following questions :

(2.) THE above questions are said to have arisen in view of the two conflicting decisions of this Court in Siemens Limited v. Presiding Officer, Labour Court and Novapan Industries Limited v. S. Krishna Murthy. It is relevant to notice the views expressed in the said judgments. In Siemens Limited, a learned single Judge of this Court, relying upon a Full Bench decision of the Patna High Court in Paritosh Kumar Pal v. State of Bihar held that the situs of employment would be of paramount consideration for raising the industrial dispute. Whereas, another learned single Judge in Novapan Industries Limited, had taken a different view that the location of the Head Office would determine the jurisdiction.

(3.) WE have heard Sri A. KJayaprakash Rao, learned counsel appearing for petitioners and Sri Vedula Srinivas, learned counsel appearing for the respondent - management. Both the counsel agreed for disposal of the writ petitions itself on merits.