PUNJAB GENERAL MAZDOOR FEDERATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner - Punjab General Mazdoor Federation has invoked the extraordinary jurisdiction of this court under Article 226 of the Constitution of India challenging the vires of Section 7 of the Industrial Disputes (Amendment) Act, 2010, whereby sub-sections (9) and (10) were inserted in Section 11 of the Industrial Disputes Act, 1947 (for brevity 'the 1947 Act').

(2.) As per the averments made in the petition, after the incorporation of sub-sections (9) and (10) in Section 11 of the 1947 Act by way of Amendment Act of 2010 all the awards, orders or settlements arrived at are being sent to the civil Court for the execution thereof as a decree of the civil Court, therefore, workman is being deprived to enforce the award either by resorting to Section 29 or Section 33-C of the 1947 Act. As per petitioner, since there is a mandate under subsection (10) of Section 11 of the 1947 Act to transmit the award to the civil Court, therefore, all the awards/orders/settlements are being sent to the civil Court and are not being sent to the appropriate Government for publication thereof under Section 17 of the 1947 Act, therefore, workmen are being deprived to resort to Section 33-C or Section 29, as the case may be, which according to the petitioner, is a fastest and cheapest remedy to enforce the award; execution of the award in civil Court shall be complicated, expensive and lengthy procedure.

(3.) In the reply filed by Union of India, it has been specifically asserted that newly added sub-sections (9) and (10) to Section 11 of the 1947 Act are not in suppression or in derogation to existing provisions contained in Sections 15, 17, 29 and 33-C of the Act rather sub-sections (9) and (10) to Section 11 of the 1947 Act are in addition to the existing provisions of the Act.