UNITED PROVINCES COMMERCIAL Vs. MISHRA (K N

JUDGEMENT

(1.) This is an application in revision filed by the employer against the employee. It is directed against the order dated 15 March 1961 passed by the presiding officer of the industrial tribunal, Bihar, holding that an appeal under Section 28(7) of the Bihar Shops and Establishments Act (Bihar Act VIII of 1954) (hereinafter to be referred to as the ("Bihar Act"), is competent.

(2.) A preliminary objection has been raised on behalf of the opposite party that the industrial tribunal is not a Court subordinate to this Court within the meaning of Section 115 of the Code of Civil Procedure and, therefore, this Court has no jurisdiction to interfere with the order of the tribunal. Without deciding this point, I am of the opinion that if the order of and the appeal proceedings pending before the industrial tribunal are erroneous and without jurisdiction, this Court pan quash the appeal proceedings either in exercise of the revisional jurisdiction of this Court under Section 115 of the Civil Procedure Code if the tribunal is a Court, or under Article 227 of the Constitution of India if it is not a Court as there cannot be any doubt that the industrial tribunal is a tribunal subject to the superintendence of this Court under Article 227 of the Constitution.

(3.) The opposite party filed an application before the authority under Section 28(1) of the Bihar Act from certain directions to the petitioner. The authority, after hearing the parties, held that the petition was not maintainable and hence it was rejected, and no direction was given. As against this order on that authority the opposite party filed B.S.E. Appeal No. 32 of 1960 before the industrial tribunal under Section 28(1) of the Bihar Act.