HARDEEP SINGH Vs. PUNJAB TOURISM DEVELOPMENT LTD

JUDGEMENT

(1.) The Punjab Government through the Labour Commissioner, Punjab, referred the dispute between the parties under the Industrial Disputes Act, 1947 to the Labour Court at Amritsar vide order dated February 14, 1985. The dispute referred was "whether termination of services of Sh. Hardeep Singh Workman is justified and in order? If not, to what relief/exact amount of compensation is he entitled?"

(2.) When the matter was taken up by the Labour Court at Amritsar, the respondent- Management took a preliminary objection to the territorial jurisdiction of the Labour Court at Amritsar. According to it, the dispute could be adjudicated by the Labour Court at Patiala and not at Amritsar. Issues were framed and one of the issues was regarding whether the Labour Court had no jurisdiction to entertain and try the reference. Evidence was led on to all issues on merits as well as on the question of jurisdiction. The Labour Court at Amritsar held that it had no territorial jurisdiction to entertain the reference and refrained itself from going into the merits. Aggrieved by the Award of the Labour Court dated May 11, 1993, the petitioner has filed the present writ petition.

(3.) Learned counsel for the petitioner submitted that under Section 10 of the Industrial Disputes Act, 1947 , the Government is entitled to refer a dispute to any Labour Court in the State of Punjab and further under Section 33-B of the Act, the State Government has the power to transfer a reference from one Labour Court to another after recording reasons for the same. The learned counsel further submitted that the Labour Court at Amritsar has the territorial jurisdiction. In any case, he has submitted that since the entire evidence on merits had been led, it would be in the interest of justice if the matter is decided on merits by the Labour Court at Amritsar.