Automatic transfer of pending industrial dispute references upheld under reorganisation law as proceedings before the corresponding Labour Court.

A pending industrial dispute reference was treated as a "proceeding" under the Punjab Reorganisation Act, 1966, because the provision was construed broadly to cover matters awaiting adjudication before a Labour Court or Tribunal. The Labour Court at Jullundur was held to be the corresponding forum, since after reorganisation the reference would have been instituted there if filed afresh, and the concurrent nature of jurisdiction under the Industrial Disputes Act did not prevent that correspondence. Prior transfer notifications under the industrial law did not exclude the automatic operation of Section 93. The reference therefore stood transferred to the Labour Court at Jullundur on the appointed day.

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Issues: Whether an industrial dispute reference pending before the Labour Court at Rohtak was a proceeding within Section 93 of the Punjab Reorganisation Act, 1966, whether the Labour Court at Jullundur was the corresponding court or tribunal, and whether the reference stood transferred to that court on the appointed day.

Analysis: Section 93 was construed as a special provision intended to meet the consequences of State reorganisation by automatically transferring pending matters relating exclusively to territories which became part of another State. The expression "proceeding" was given a broad meaning and was held to include industrial dispute references, which are cases involving adjudication by a Labour Court or Tribunal. The Labour Court at Jullundur was treated as the corresponding court because, after reorganisation, the reference would have lain there if instituted afresh, and the concurrent character of jurisdiction under the Industrial Disputes Act did not negate that correspondence. The prior transfer notifications under the Industrial Disputes Act did not exclude the operation of Section 93.

Conclusion: The reference was held to be a proceeding within Section 93, the Labour Court at Jullundur was the corresponding court, and the reference stood transferred to that court with effect from 1 November 1966.

Final Conclusion: The High Court affirmed that the Labour Court at Jullundur had jurisdiction to continue with the industrial dispute by virtue of statutory transfer under the reorganisation law.

Ratio Decidendi: A pending industrial dispute reference is a "proceeding" for the purpose of a reorganisation statute providing for automatic transfer, and it stands transferred to the corresponding forum in the successor State on the appointed day.

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