KHANNA COMMERCIAL CORPORATION PRIVATE LTD. Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, DHANBAD AND OTHERS

JUDGEMENT

(1.) The petitioner owns a colliery which is known Alkusha Gopalpur Colliery, in the district of Burdwan. An application was submitted by the Colliery Mazdoor Sabha (respondent No. 2) before the Regional Labour Commissioner (c), Asansol, on the 2nd of May, 1967, for a declaration that the lock out imposed by the management with effect from the first shift of the 28th April, 1967, was illegal under paragraph 8 (1) of the Coal Mines Bonus Scheme. The Regional Labour Commissioner (Central), Asansol (Respondent No. 3), by his order dated the 3rd of June, 1967, gave the decision that the lock-out was illegal for the purposes of paragraph 8 (1) of the Coal Mines Bonus Scheme, 1948. Being aggrieved by the decision, the petitioner preferred an appeal on the 28th of July, 1967, before the Central Government Industrial Tribunal, Dhanbad. That appeal was registered as Bonus Appeal No. 11 of 1967. It appears that several points of preliminary objection to the maintainability of the appeal were raised on behalf of the Union. One of the points was that the Tribunal had no jurisdiction to dispose of the appeal by reason of the issuance of the Government Notification No. G.R.S. No. 1264, dated the 15th of Aug., 1967. The Presiding Officer of the Tribunal accepted that contention and held that though the Tribunal had jurisdiction at the time when the appeal was preferred but in view of the notification it had no jurisdiction to decide the appeal. The Tribunal accordingly by the impugned order dated the 22nd of March 1969, disposed of the appeal itself. The petitioner being aggrieved by the decision of the Tribunal, a copy of which has been made Annexure 3 to the application, has filed this writ application under Articles 226 and 227 of the Constitution.

(2.) Paragraph 2 of the notification dated the 15th of Aug., 1967, referred to above, is relevant and it reads as follows:--

(3.) The application is accordingly allowed. As nobody has opposed this application, there will be no order as to costs. Application allowed.