RAJNEESH SAXENA Vs. PRESIDING OFFICER, LABOUR COURT, PATIALA

JUDGEMENT

(1.) Facts necessary for the disposal of this writ petition are that the petitioner was working with Punjab State Seeds Corporation, respondent No. 3. The petitioner filed an application under section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') claiming Rs. 95,900/- on account of medical allowance, bonus and difference of pay for the period 1.12.1984 to 1.9.1990 in the Labour Court, Patiala. The respondent-Management was proceeded ex parte on 3.11.1990. By order dated 5.11.1990, Annexure P-1, the claim of the petitioner was computed as the amount prayed for by him in the application. On 16.8.1991 the Management filed an application for setting aside the ex parte order on which notice was issued to the workman vide order Annexure P-2 and in the meanwhile operation of the impugned order was stayed. The petitioner assails the order in so far as it stays the operation of the impugned ex parte order on the ground that the Labour Court is not invested with all the powers of a Civil Court but only those powers which have been enumerated in section 11(3) of the Act. The question as to the powers of the Labour Court was considered by the apex Court in Grindlays Bank Ltd v. The Central Government Industrial Tribunal and others, 1981 AIR(SC) 606 Their Lordships referred to the provisions of sub-section (1) of section 11 of the Act, which may appropriately be reproduced as under :-