Labour Court jurisdiction over dismissal disputes remains subject to prior statutory change procedure and failed agreement requirements.

A dismissal dispute under the Bombay Industrial Relations Act was treated as a "change" within the statutory scheme, so the employee had to first follow the Section 42(4) procedure, including notice to the employer and an attempt at agreement, before invoking the Labour Court. Section 78(1)(D) enlarged the Labour Court's remedial powers but did not dispense with those statutory preconditions or create a separate route to jurisdiction. The Labour Court could act only within the conditions laid down by the Act. Compliance with Section 42(4) and its proviso was therefore a condition precedent, and direct recourse to the Labour Court was not permitted.

---

---

Issues: Whether an employee challenging dismissal under Section 78(1)(D) of the Bombay Industrial Relations Act, 1946 could invoke the Labour Court's jurisdiction without first complying with the procedure in Section 42(4) and its proviso, including approaching the employer for a change and awaiting failure of agreement.

Analysis: The statutory scheme treated dismissal as an industrial matter and a form of "change" within the Act. Chapter VIII required prior recourse to the prescribed change procedure, including notice and an attempt at agreement, before resort to the Labour Court. Section 78(1)(D) enlarged the Labour Court's remedial powers but did not create a separate procedure or dispense with the preconditions governing disputes under the Act. The Act was designed to secure settlement through conciliation and agreement where possible, and the Labour Court could exercise only such jurisdiction as the statute conferred, subject to the prescribed statutory conditions.

Conclusion: Compliance with Section 42(4) and its proviso was a condition precedent to invoking the Labour Court's jurisdiction under Section 78(1)(D); the employee could not directly approach the Labour Court without following that procedure. The answer was against the employee and in favour of the appellant.

Ratio Decidendi: Where a dismissal dispute falls within the Act's defined "change" mechanism, the special remedial power of the Labour Court under Section 78(1)(D) remains subject to the statutory preconditions governing the commencement of proceedings, including prior approach to the employer and failure of agreement.

---