MANAGEMENT OF MAIJAN TEA ESTATE Vs. WORKMEN

JUDGEMENT

(1.) THIS writ petition has been filed challenging the award-dated 29. 12. 05 passed by the Labour Court at Dibrugarh in Reference Case No. 9 of 2003, under Industrial Dispute Act, 1947.

(2.) FACTS leading to the filing of this writ petition may be summarized, in brief, as follows: The petitioner M/s Maijan Tea Estate, situated on the bank of river Brahmaputra, suffered loss of cultivable land due to erosion experienced over the years since 1969 and thus for having found it difficult to sustain the tea estate with low crops and large numbers of staff, proposed to transfer excess workers to different Tea gardens. Accordingly, the management proposed to transfer excess workers of Maijan Tea Estate to different Tea gardens in phase manner and accordingly issued transfer order to 125 workman of the garden.

(3.) ON 06. 02. 02, on the prayer for injunction, the Learned Civil Judge (Sr. Div.), Dibrugarh issued order to maintain status quo in favour of the workmen. However, on 30. 3. 02, the learned Civil Judge (Sr. Div.), Dibrugarh, passed an order holding that it had no jurisdiction to decide the issue relating to Industrial Disputes. The workmen preferred an appeal before the learned District Judge, Dibrugarh and accordingly the learned District Judge admitted the appeal and on conclusion of the hearing set aside the impugned order of the learned Civil Judge (Sr. Div.), Dibrugarh, holding that the Civil Court had jurisdiction to try the subject matter under dispute and sent down the case records to the Court of the learned Civil Judge (Sr. Div.), Dibrugarh, for trial and disposal. The Petitioner Tea Estate preferred an Appeal before Hon'ble High Court against the order passed by the learned District Judge, Dibrugarh in Misc. Case No. 237/02 in RSA No. 156/2002) and obtained a stay order, which is still pending adjudication.