Karnataka High Court
HARUGERI URBAN COOP.BANK - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 08-04-80
Labour Court Jurisdiction - Karnataka Co-operative Societies Act, 1959 - S. 70 (2) (d) - Summary of Acts and Sections: The court discussed the jurisdiction of the adjudicating authorities under the Industrial Disputes Act, 1947 in relation to disputes between co-operative societies and their employees covered by S. 70 (2) (d) of the Karnataka Co-operative Societies Act, 1959. The court analyzed the conflict between the two acts and concluded that the I. D. Act is a special act providing special remedies for workmen, and therefore, the remedy under the I. D. Act is not taken away by the provisions of S. 70 (1) (c) read with 70 (2) (d) of the C. S. Act.
Fact of the Case:
The petitioners, co-operative societies, challenged the awards orders of various Labour Courts and Industrial Tribunals in Karnataka, which held that the courts had jurisdiction to adjudicate the disputes referred to them by the State Government under S. 33c (2) of the I. D. Act, despite the incorporation of S. 70 (2) (d) in the C. S. Act by the Karnataka Co-operative Societies (Amendment) Act, 1976.
Finding of the Court:
The court found that the I. D. Act is a special act providing special remedies for workmen, and therefore, the remedy under the I. D. Act is not taken away by the provisions of S. 70 (1) (c) read with 70 (2) (d) of the C. S. Act. The court dismissed the petitions challenging the jurisdiction of the Labour Courts and Industrial Tribunals and directed them to proceed with the adjudication of the disputes expeditiously.
Issues: The common question of law was whether S. 70 (2) (d) of the C. S. Act would take away the jurisdiction of the adjudicating authorities constituted by the State Government under S. 7 to 7b of the I. D. Act to adjudicate the disputes of the employees of the societies covered by that sub-section referred to them by the State Government on the applications of those employees under S. 33c (2) of the I. D. Act.
Ratio Decidendi: The court held that the I. D. Act is a special act providing special remedies for workmen, and therefore, the remedy under the I. D. Act is not taken away by the provisions of S. 70 (1) (c) read with 70 (2) (d) of the C. S. Act.
Final Decision: The court dismissed the petitions challenging the jurisdiction of the Labour Courts and Industrial Tribunals and directed them to proceed with the adjudication of the disputes expeditiously. The court also dismissed the petitions challenging the validity of the awards on merits.
( 1 ) THE petitioners herein are all co-operative societies (in short, 'the societies') registered under the Karnataka co-operative Societies Act, 1959 (in short, the C. S. Act ). They have challenged the awards orders of the various Labour Courts and Industrial tribunals in the State in reference made by the State Government under s. 10 of the Industrial Disputes Act, 1947 (in short, 'the I. D. Act'), holding that even after S. 70 (2) (d) was incorporated in the C. S. Act by the Karnataka co-operative Societies (Amendment) act, 1976 (Karnataka Act No. 19 of 1976) with effect from 20-1-1976, the labour Court or Industrial Tribunal had jurisdiction to adjudicate the reference made, by the State Government on applications of workmen under S. 33c (2) of the I. D. Act.
( 2 ) THESE petitions were heard on 13-2-80 and other subsequent dates and at the request of the learned Advocate general, they were posted on 2-1-1980 since a submission was made in the course of the arguments that the state Government was contemplating of bringing the necessary bill for amending S. 70 (2) (d) of the C. S. Act. On that date, it was represented by the learned Advocate General that it would not be necessary for this court to adjudicate on the validity of the aforesaid section in view of the proposed bill which might, become law by the end of May last. Accordingly, these cases were adjourned to 6-6-80 for further hearing, and finally to 17-7-80 at the request of the Government advocate. On that date, the learned Government Advocate, appearing for the learned Advocate General, submitted that he was not in a position to say categorically whether any proposal or resolution was pending in the Assembly for amending the aforesaid section. But the learned counsel for the workmen in these petitions have brought to my notice that a large number of cases are pending in various labour Courts all over the State in view of the stay order issued by this court in these petitions and any delay in the disposal of these petitions would seriously affect the prospects of workmen' and would cause serious disharmony in the industrial relations between the societies and their workmen. I am in agreement with this contention of the learned, counsel for the workmen, and hence I am of the view that no purpose would be served by giving further time to the Government in the absence of any definite commitment from their counsel as to what exactly the Government propose to do to remove the hardship that is caused to the workmen.
( 3 ) IN these petitions, the common question of law that arises for consideration is whether S. 70 (2) (d) of the cs. Act would take away the jurisdiction of the adjudicating Authorities constituted by the State Government under S. 7 to 7b of the I. D. Act to adjudicate the disputes of the employees of the societies covered by that sub-section referred to them by the State Government on the applications of those employees under S. 33c (2) of the I. D. Act.
( 4 ) IN WP Nos. 4594 of 1976 and 4724 to 4727 of 1980, the petitioners haye challenged the maintainability of the applications under S. 33c (2) of the i. D. Act in view of S. 7 (2) (d) of the c. S. Act. In WP Nos. 2756, 2932 and 7046 of 1976, 3203 of 1978, 7650 of of 1979 and 3197 of 1980, the petitioners have challenged the preliminary order of the Labour Court or Industrial tribunal holding that it has jurisdiction to adjudicate the disputes referred to it notwithstanding S. 70 (2) (d) of the c. S. Act. In WP Nos. 5942 of 1977 and 7975 of 1978, the petitioners have challenged the awards passed by the labour Court and Industrial Tribunal on the merits of the dispute as also on the question of jurisdiction.
( 5 ) THE leading arguments for the petitioners were advanced by the learned counsel, Messrs B. Gopaliah and B. T. Parthasarathy, and the other counsel have merely adopted their arguments.
( 6 ) THERE is no dispute that the i. D. Act is applicable to the co-opertive societies which c
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.