TATA ROBIN FRASER LABOUR UNION, P.O.& P.S.BURMA MINES, JAMSHEDPUR, DIST.SINGHBHUM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel on both sides.

(2.) THE complaint in this writ petition arises out of the inter se position occupied by Labour Courts and Industrial Tribunals. The petitioner has pointed out that from a decision of a Labour Court, an appeal lies to the Industrial Tribunal and when Presiding Officers of both the Courts are of the same rank, it causes embarrassment. The qualification for the office is prescribed in the Statute. Unless that is amended, it may not be possible for this Court to intervene on the basis of such a complaint. But that apart, except some problem that can be called egocentric, there cannot be any problem for any Presiding Officer of the Labour Court, if an appeal against his decision is decided by the Industrial Tribunal, whoever may be the person manning that position. In our view, it does not appear to be a ground for our interference with the statutory scheme now being adopted.

(3.) WE , therefore, dispose of this writ petition by directing all Labour Courts and Industrial Tribunals to take up and dispose of ali pre -1995 cases and references on a war footing and try and dispose them of as expeditiously as possible. The Labour Courts and the Tribunals should also adhere, as far as possible, to the rule of 'first filed, first disposed of, unless there is an intervention by any judicial direction or a binding directive.