OTTO INDIA LIMITED Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order dated 28th April, 1998 (Annexure -4) passed by the Government of Orissa, Labour and Employment Department exercising the powers conferred on it under Sub -section (1) of Section 33 -B of the Industrial Disputes Act, 1947 is assailed in this case by the petitioner -management of M/s. OTTO India Ltd.

(2.) OPPOSITE party No.4 was a workman under the petitioner -management. Certain disputes arose between him and the management concerning his service and conciliation having failed, the Government of Orissa referred the dispute for adjudication to the Labour Court at Sambalpur, vide order dated 12th December, 1996. Subsequently on the basis of a representation filed by opposite party No.4, the Government of Orissa transferred the aforesaid reference from the Court of the Labour Court, Sambalpur to the Labour Court at Bhubaneswar. The petitioner -management challenges the said transfer order (Annexure -4) mainly on the ground that the same was in violation of natural justice and equity, and was issued without affording any opportunity to it to put forth its convenience or inconvenience.

(3.) THE moot questions that need consideration of this Court in this Writ application are whether the Government before allowing the representation of opposite party No.4 workman and transferring the case from the Labour Court, Sambalpur to the Labour Court at Bhubaneswar ought to have given opportunity to the management; and whether there were valid reasons for transferring the reference, as has been done vide Annexure -4. Yet again exercising power to transfer by Government under Section 33 -B in a pending reference cannot be treated to be an administrative act. The same can be construed to be exercise of quasi judicial power and, as such, Government without affording opportunity to both parties should not transfer a case on the basis of representation filed by one party, however valid the reasons be. The authority before passing any order must have to be satisfied as to whether valid reasons in fact exist and/or the same have any relevance for a transfer and such examination can only be made after affording opportunity to the other party by issuing notice.