TIPCO INDUSTRIES LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, the subject of controversy involves an industrial dispute raised under the provisions section 2A of Industrial Disputes Act, 1947 by the respondent No. 3. She also made an application for interim relief in terms of section 15(2)(b) of the Act for interim relief. On behalf of the petitioner, being the employer, learned Counsel has submitted that the learned First Labour Court, before which the matter was being adjudicated upon lacked jurisdiction to try and determine the dispute on territorial grounds. The Second ground of objection of the petitioner is that prayer for interim relief cannot be asked for in a proceeding which is not initiated by way of reference, but originates directly under the provisions of section 2A of the Act. Both these issues of course would have been for the Labour Court to decide under normal circumstances but Mr. Majumder has raised an issue involving the procedure to be followed in such a case. Relying on a judgment of a Division Bench of this Court in the case of Ganges Printing Ink Factory Employees Industrial Corporation Society Limited and others v. Seventh Industrial Tribunal and others,1986 53 FLR 617, he has argued that before entertaining the prayer for interim relief, it is incumbent upon the Labour Court to adjudicate on the preliminary point first.

(2.) The complain of the petitioner is that the Labour Court is proceeding to hear the prayer for interim relief first without addressing the preliminary issues which would result in dismissal of the case of the workman.

(3.) Though under ordinary circumstances I would have avoided adjudication on preliminary issues having regard to the stage of the proceeding the matter is pending before the Labour Court, I am doing so here on the question of the jurisdiction of the Labour Court to grant interim relief in a similar case as this involves adjudication on pure questions of law. I am also deciding this question because I can reasonably anticipate that whichever way the Labour Court adjudicates on this issue, the matter is likely to be brought before this Court for final adjudication.