1968 (2) TMI 123

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.... Chandigarh, is "corresponding Court, Tribunal, Authority or Officer" within the meaning of section 93 of the Punjab Reorganisation Act 1966? (3) Whether the reference 'stands transferred' to the Labour Court, Jullundur or Industrial tribunal, Punjab, Chandigarh, under Section 93 of the Punjab Reorganisation Act, 1966, with effect from 1st November, 1966, when that Act came into force? 2. The facts of this case are that the Governor of Punjab in exercise of the powers conferred by clause (c) of subsection (1) of Section 10 read with proviso to that sub-section of the Industrial Disputes Act, 1947, referred t the Labour Court, Rohtak, constituted under Section 7 of the said Act, the matter specified below: " Whether the work....

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....to be "corresponding court or tribunal". 4. ON behalf of the management, Shri H.R. Sodhi, has taken me through some relevant sections of the Industrial Disputes Act with a view to show that the provisions of Section 93 of the Pun jab Reorganisation Act, 1966, are not attracted. Under Section 2(a)(ii) of the industrial Disputes Act, the appropriate Government means the State Government and in this context prior to the reorganisation would mean the State of Punjab. 5. Section 7 empowers the appropriate Government to constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the second schedule. Before the bifurcation of the State, there was a Labour Court at Jullundur and another....

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.... "The appropriate Government may by order in writing and for reasons to be stated therein, withdraw any proceeding Court, Tribunal or National Tribunal and transfer the same to another Labour Court, tribunal r National tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, tribunal or National Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred: Provided that where a proceeding under Section 33 or Section 33A is pending before a Tribunal or National Tribunal, the proceeding may also be transferred to a Labour Court." 7. Section 93 which deals with the transfer of pending pr....

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....fter the appointed day by the Government of the State or the Central Government, as the case may be, or before the appointed day by the Government of the existing state of Punjab, to be the corresponding Court, Tribunal, Authority or Officer." 8. I may now turn to the arguments advanced by the learned Counsel on matters which have been referred to this Court by the Presiding Officer, Labour Court, Julllundur. It was urged on behalf of the Management that the power to refer an industrial dispute vests exclusively in the appropriate Government. In this case, the Government of Punjab before the bifurcation of the State had made a reference and that Government alone could withdraw the same under Section 33B and transfer the case to another L....

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....reference made by the former Punjab Government on 10th January, 1964, has lapsed. It was also urged that the provisions of Section 93 of the Punjab Reorganisation Act are not attracted and are not applicable to industrial disputes which are in a class by themselves. It is urged that an industrial dispute is not a "proceeding" within Section 93, sub-section 93) as it cannot be deemed to be "a suit, case or appeal". Section 93 of the Punjab Reorganisation Act when contrasted with S. 33B of the Industrial Disputes Act, is a special provision. The Industrial Disputes Act, was enacted when the eventuality of the type resulting from bifurcation of a State into two or more States or territories was not contemplated. The Industrial Disputes Act ....

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....ceptation also, it is a term of wide amplitude; and means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Proceeding also means forms in which relief is sought before Court of Law or before other bodies or authorities determining rights and liabilities and in which actions are brought an defended and the manner of conducting them and the mode of deciding them. All those happenings or events before a Labour Court or Industrial tribunal or any other authority on who jurisdictiion is conferred by law to dispose of contentious matters are understood by the term "proceeding". Section 93 of the Punjab Reorganisation Act which contempla....