1. Writ petition and application under Section 17-B of the Industrial Disputes Act — Order for joint disposal challenged. (Para 2 )
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2000 Supreme(SC) 747
SUPREME COURT OF INDIA
S.P.Bharucha : Shivaraj V.Patil
Workmen Representeted By Hindustan V.O.Corporation Limited
Versus
Hindustan Veg.Oils Corpn.Limited
Case No. : 2578 of 2000
Date of Decision : 4/10/00
Important Points
An application filed under Section 17-B of the Industrial Disputes Act must be disposed of with promptitude and prior to the disposal of the principal writ petition, rather than concurrently.
Subject
Labour Law - Industrial Disputes
Act Referred
Headnote
(A) Industrial Disputes Act, 1947 - Section 17-B - Disposal of application - An application under Section 17-B should be disposed of before the principal petition and it should be disposed of most expeditiously. (Paras 2 and 3)
Facts of the case:
An order was passed by a Division Bench of a High Court directing that a writ petition and an application under Section 17-B of the Industrial Disputes Act be disposed of together expeditiously. This order was challenged before the appellate court.
Findings of Court:
The order requiring the joint disposal of the writ petition and the Section 17-B application was set aside. The court directed that the Section 17-B application be listed before a Single Judge and disposed of with great promptitude and prior to the disposal of the writ petition.
Issues: Whether an application under Section 17-B of the Industrial Disputes Act should be disposed of concurrently with the principal writ petition or prior to it.
Ratio Decidendi: An application under Section 17-B is intended for urgent relief and must be prioritized for disposal before the main petition to ensure the objective of the provision is met.
Result: Civil appeal allowed.
Facts of the case:
An order was passed by a Division Bench of a High Court directing that a writ petition and an application under Section 17-B of the Industrial Disputes Act be disposed of together expeditiously. This order was challenged before the appellate court.
Findings of Court:
The order requiring the joint disposal of the writ petition and the Section 17-B application was set aside. The court directed that the Section 17-B application be listed before a Single Judge and disposed of with great promptitude and prior to the disposal of the writ petition.
Issues: Whether an application under Section 17-B of the Industrial Disputes Act should be disposed of concurrently with the principal writ petition or prior to it.
Ratio Decidendi: An application under Section 17-B is intended for urgent relief and must be prioritized for disposal before the main petition to ensure the objective of the provision is met.
Result: Civil appeal allowed.
Legal Category Hierarchy
Table of Contents
2. Whether an application under Section 17-B of the Industrial Disputes Act should be disposed of together with the principal writ petition. (Para 2 )
3. An application under Section 17-B of the Industrial Disputes Act should be disposed of most expeditiously and before the principal petition. (Para 2 )
4. Applications under Section 17-B of the Industrial Disputes Act must be decided prior to the disposal of the principal petition. (Para 2 , 3 )
5. Appeal allowed — Order for joint disposal set aside — Direction to dispose of Section 17-B application expeditiously and before the writ petition. (Para 3 , 4 , 5 , 6 )
6. Should an application under Section 17-B of the Industrial Disputes Act be decided alongside the principal petition?
No, an application under Section 17-B should be disposed of most expeditiously and before the disposal of the principal petition. (Para 2 , 3 )
7. What is the scope of arguments allowed during the disposal of a Section 17-B application?
Parties may raise all contentions in support of or against the application, and respondents may rely on relevant orders passed by other authorities. (Para 4 )
(1) LEAVE granted.
(2) THE order under challenge has been passed by a Division Bench of the High Court at Calcutta. Its operative portion states that the writ petition filed by the present appellants and their application under Section 17-B of the Industrial Disputes Act should be disposed of together, expeditiously. We are of the view that an application under Section 17-B should be disposed of before the principal petition and it should be disposed of most expeditiously.
(3) WE, therefore, set aside the order under challenge to the extent that it requires the disposal of the writ petition and the Section 17-B application together and we direct that the Section 17-B application should be disposed of with great promptitude and before disposal of the writ petition,
(4) THE Section 17-B application shall be listed before a learned Single Judge of the Calcutta High Court expeditiously, and the parties may seek a fixed date of hearing . It shall be open to the parties to raise all contentions in support of and against the application. It shall also be open to the First respondent to rely upon the order of the B.I.F.R. that it states has been passed.
(5) THE civil appeal is allowed accordingly.
(6) NO order as to costs.
