DARSHAN SINGH Vs. JUDGE LABOUR COURT

JUDGEMENT

(1.) HEARD learned counsel for the parties. An application was submitted under Section 33-A of the Industrial Disputes Act, 1947 (for short, "act of 1947") by the applicant stating therein that during the conciliation proceedings which were going on for regularisation and fixation of the wages of the employee, the employer terminated the services of employee which is in violation of Sec. 25 (f), 25 (G), 25 (H) and Rule 77-78 of the Act of 1947, therefore, dispute may be determined. The Labour Court, Sriganganagar held that unless a reference is made under Section 10 of the Act of 1947, the Labour Court has no jurisdiction to entertain the application under Section 33-A of the Act of 1947.

(2.) LEARNED counsel for the petitioner relies on the judgment of Hon'ble Apex court delivered in the case of Lokmat Newspapers Pvt. Ltd. vs. Shankar Prasad (1) wherein Hon'ble Apex Court held that when the retrenchment order was passed during the pendency of conciliation proceedings, it amounts to breach of Sec. 33 (1) of the Act of 1947 as Sec. 33 (1) requires prior express permission in writing of the Conciliation Officer before whom conciliation proceedings were pending.

(3.) THE writ petition is allowed as observed above. .