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IN THE HIGH COURT OF JUDICATURE AT PATNA
AJAY KUMAR TRIPATHI, RAJEEV RANJAN PRASAD, JJ.
Bharati Bhawan Karmachari Sangh – Appellant
Versus
The State of Bihar – Respondent
Letters Patent Appeal No. 2250 of 2015, Civil Writ Jurisdiction Case No. 9645 of 2007
Decided On : 18-10-2017
Advocate Appeared:
For the Appellant : Mr. Siyaram Thakur.
For the Respondents: Mr. Alok Kumar Sinha, Mr. Indrajeet Bhushan, Ms. Nutan Sahay.
The main legal point established in the judgment is the application of Section 10(i)(d) of the Industrial Disputes Act, 1947, the principle of res judicata, and the jurisdiction of the Industrial Tribunal to compare pay scales and decide on pay revision.
Headnote:
Industrial Disputes Act - Validity of reference to Industrial Tribunal - Section 10(i)(d) - Summary of the acts and sections referenced and discussed by the court: Section 10(i)(d) of the Industrial Disputes Act, 1947
Fact of the Case:
The case involved a dispute between Bharti Bhawan and its employees' union regarding the revision of pay scales. The State Government initially referred the dispute to the Labour Court, but upon realizing the reference should have been sent to the Industrial Tribunal, withdrew the reference and transferred it to the Industrial Tribunal. The Management challenged the transfer, but the objection was rejected. The Industrial Tribunal eventually passed an award in favor of the employees, which was challenged by the Management in a writ petition under Article 226 of the Constitution of India.
Finding of the Court:
The court found that the initial reference to the Labour Court was in violation of Section 10(i)(d) of the Industrial Disputes Act, and the subsequent transfer to the Industrial Tribunal was valid. The court also held that the Management's objection to the transfer, which was rejected earlier, could not be raised again as it amounted to res judicata. Additionally, the court found that the Industrial Tribunal's comparison of pay scales and its decision on pay revision were justified and within its jurisdiction.
Issues: The issues involved the validity of the reference to the Industrial Tribunal, the application of res judicata, and the Industrial Tribunal's jurisdiction to compare pay scales and decide on pay revision.
Ratio Decidendi: The court held that the initial reference to the Labour Court was in violation of Section 10(i)(d) of the Industrial Disputes Act, and the subsequent transfer to the Industrial Tribunal was valid. The court also held that the Management's objection to the transfer, which was rejected earlier, could not be raised again as it amounted to res judicata. Additionally, the court found that the Industrial Tribunal's comparison of pay scales and its decision on pay revision were justified and within its jurisdiction.
Final Decision: The court set aside the judgment of the Single Judge and restored the Award passed by the Industrial Tribunal, directing the Management to comply with the award within three months.
RAJEEV RANJAN PRASAD, J.
1. Heard the parties.
2. This intra-court appeal has fallen for consideration at the instance of Bharti Bhawan Karmchari Sangh (hereinafter referred to as union) being aggrieved by the judgment and order dated 29.07.2015 passed by a learned Single Judge of this Court in CWJC No. 9645/2007.
3. The learned Single Judge has allowed the Writ Application preferred by the management, namely, M/s Bharti Bhawan (Publishers & Distributors), Thakurbari Road, Patna. The learned Single Judge has been pleased to set aside the impugned Award dated 22.02.2007 (Annexure-9 to the Writ Application) passed by Industrial Tribunal, Patna in Reference Case No. 14/2003 leaving it open to the State Government to refer the dispute to a proper forum by issuance of a fresh notification in accordance with law.
4. Brief facts of the case, as appearing from the records placed before this Court, are summarized as under.
5. M/s Bharti Bhawan (Publishers & Distributors) (hereinafter referred to as “the Management/Bharti Bhawan”) is a Book Publisher & Distributor working at the relevant time with a strength of about 250 workmen. Some of the workmen employed with the Bharti Bhawan formed a union, namely, Bharti Bhawan Karmchari Sangh which is a duly registered union. The said union submitted a 12-Point Charter of Demands before the Management and as those demands were not fulfilled, a complaint was made to the Department of Labour, Employment and Training, Government of Bihar, thereupon a conciliation proceeding was initiated but the conciliation failed and on receipt of a failure report, the State Government issued Notification No. 7/Shram-D-1607/2001-400 dated 20.10.2001 by which the 12-Point Charter of Demands was sent for adjudication before the Labour Court, Patna. A copy of the said notification dated 20.10.2001 is Annexure-3 to the Writ Application.
6. It appears that subsequently the State Government got a representation from the union that the reference should have been sent to the Industrial Tribunal in terms of Schedule III read with Section 10(i)(d) of the Industrial Disputes Act, 1947 because there were more than 100 workers involved in the reference. The State Government withdrew the reference from the Labour Court and transferred the same to the Industrial Tribunal vide Notification dated 21.06.2002 (Annexure-4 to the Writ Application).
7. The terms of reference, as contained in Annexure-3 dated 20.10.2001, and transfer of said reference vide Annexure-4 dated 21.06.2002 reads as under:-
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