KRISHNADAS BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present batch of writ applications concerns challenge to the orders passed by the Tribunals/Labour Courts constituted under the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as the said Act), whereby the Tribunals/Labour Courts have been, inter alia, pleased to not only entertain proceedings but have also proceeded to hear out matters, by exercising jurisdiction under Sec. 2A(2) of the said Act, notwithstanding the repeal of the Industrial Disputes (Amendment) Act, 2010 (hereinafter referred to as the 'Amendment Act of 2010') as a whole, by the Repeal and Amendment Act of 2016 (hereinafter referred to as the 'Repealing Act').

(2.) Since all the aforesaid applications raise a common question, as regards the legality and validity of proceedings under Sec. 2A (2) of the said Act, the hearing of all the aforesaid applications is taken up together.

(3.) It appears that there are two sets of contenders, one set of parties who are mostly representing the employers, claim, consequent upon repeal of the Amendment Act of 2010, as a whole, Sec. 2A(2) of the said Act, does not survive in the statute book, for the Tribunals/Labour Courts, to exercise jurisdiction. On the other hand, the other set of parties who are primarily the employees/ workman claim, notwithstanding repeal of the Amendment Act of 2010 the provisions of Sec. 2A (2) of the Amendment Act of 2010, continue to survive in the statute book and there is no irregularity on the part of the learned Labour Courts/Industrial Tribunals, assuming jurisdiction under Sec. 2A(2) of this said Act.