HOWRAH MOTOR CO LTD Vs. LABOUR COURT BHUBNESWAR

JUDGEMENT

(1.) THIS is an application by the employer asking for quashing of two orders of the Labour Court at Bhubaneswar being dated 8-2-1979 (Annexure 16) and dated 11-5-1979 (Annexure 18 ). The State Government in purported exercise of powers under s. 12 (5) read with S. 10 (1) of the Industrial disputes Act of 1947 (hereafter referred to as the "act" had referred the following dispute for adjudication by the Labour Court :

(2.) THE employer is a public limited company with its registered as also head office at Calcutta and branches at several places in India including one at Cuttack. The workman opposite party No. 3 was appointed by the Cuttack branch as a Mechanic in June, 1950. In March, 1972, he was transferred on promotion to the siliguri branch in West Bengal by the head office at Calcutta. The workman applied to the Labour Court under S. 33 C (2) of the Act for certain reliefs and asked for stay of operation of the order of transfer. When the order of stay was not granted, the workman was relieved from the Cuttack branch on 23-3-1972. In April, 1972, he moved the Industrial Tribunal under s. 33 A of the Act against the order of transfer. On 14th of April, 1973, the Tribunal held that the order of transfer was valid. Petitioner moved this Court in a writ application being o. J. C. No. 739 of 1973 for quashing the order of the Tribunal and in April, 1975, the writ application too was dismissed. During the pendency of the writ application, on 12-11-1973 the workman was directed to join at the new station but in December, 1973, he had replied that he should be given posting at Cuttack. In january, 1974 his services were terminated by the head office by order under Annexure 10. In July, 1975, petitioner offered to join at siliguri and was informed that after termination of his service, there was no scope for reporting to duty at Siliguri. Thereupon at the instance of the workman a conciliation proceeding was taken up by the local conciliation officer and on furnishing of failure report, the State Government referred the dispute as indicated above for adjudication by the Labour Couit.

(3.) IN this background, the employer raised an objection before the Labour Court that the reference was not competent and, therefore, the proceeding was not maintainable. On 8-2-1979, the Labour Court held: