THE WORKMEN OF SOTAI TEA ESTATE, REPRESENTED BY THE ASSAM TEA LABOURERS ASSOCIATION Vs. THE PRESIDING OFFICER, LABOUR COURT AND ANR.

JUDGEMENT

(1.) THIS petition is filed under Article 228 of the Constitution questioning the validity of the proceedings of the Labour Court in this case.

(2.) IT would appear that an industrial dispute having arisen the matter was referred to the Labour Court having jurisdiction for enquiry and making an award. Accordingly the matter came up before the Labour Court, and, it would appear that the present Petitioner did not appear before the Labour Court in spite of having had notice of the date on hearing, and thereupon the Labour Court dealt with the matter as if default had been committed by the Petitioner and purported to dismiss the matter for such default and wait of prosecution. The validity or virus of tins order of the Labour Court is questioned before us in this petition. A reference to Section 11(3) of the Industrial Disputes Act, 1947, shows that only in certain matters, specified therein, the Labour Court should act as Civil Court and shall have the same powers as are vested in a Civil Court. This Sub -section (3) runs as follows:

(3.) IT is clear from this section that Order 9 of the Code of Civil procedure has not been included in it, so that under this Sub -section the Labour Court would have no jurisdiction to dismiss a matter for default as a Civil Court acts.