ORDER :

1. By way of instant petition, petitioner has prayed for quashing of order dated 24.8.2021 passed by the Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla (for short ‘The Labour Court’) in Application No. 50 of 2021, titled Wipro Karamchari Sangh Union/Group of Workers vs. M/s Wipro Enterprises (P) Ltd.

2. Petitioner is a Company (for short ‘The Company’) incorporated and registered under the Companies Act, 1956. It has two manufacturing units situated at Plot No. 77 and plot No. 87A in the vicinity of Industrial Area, EPIP Phase-I, Village Jharmajri, Tehsil Baddi, District Solan, H.P. Respondent No. 2 is a Union of Workers of the Company (for short ‘The Union’).

3. An industrial dispute arose between the Union and the Company from the decision of the Company to transfer its employees from one unit to the other. The Union raised demand either to maintain status quo till the pendency of long term settlement dated 25.01.2018 or to enter into a fresh long term settlement. The settlement dated 25.01.2018 is valid till 31.12.2021.

4. The Union issued demand notice upon the Company on 27.04.2021. Taking cognizance of such notice, the Conciliation Officer issued notice dated 29.04.2021 calling upon the Company to submit its response for the purpose of conciliation under the Industrial Disputes Act, 1947 (for short ‘The Act’)

5. The conciliation proceedings were held on 18.6.2021, 13.7.2021 and 23.7.2021. The conciliation failed. On 03.08.2021, the Conciliation Officer submitted failure report under Section 12(4) of the Act to the Labour Commissioner, Himachal Pradesh.

6. On 29.07.2021, the Company issued transfer order of 126 members of the Union from the Unit in plot No. 87A to plot No. 77 which were to take effect on 01.08.2021. Feeling aggrieved against the action of the Company, the Union filed a complaint under Section 33A of the Act before the Labour Court, Shimla.

7. Alongwith the above noticed complaint, the Union also filed an application under Section 10(4) of the Act seeking interim relief by way of stay on the transfer orders dated 29.7.2021/1.8.2021 issued by the Company, which came to be registered as Application No. 50 of 2021 before the learned Labour Court. By impugned order, learned Labour Court stayed the operation of the transfer orders dated 29.7.2021/1.8.2021 till the disposal of the main petition.

8. The questions that needs to be answered by this Court, as raised in the instant petition, can be summed up as under:

(a) Whether the learned Labour Court holds jurisdiction to entertain complaint under Section 33A when the violation of provisions of Section 33 of the Act had taken place during the pendency of the industrial dispute before the Conciliation Officer?

(b) Whether the learned Labour Court holds jurisdiction to pass interim orders while dealing with a complaint under Section 33A of the Act?

9. The contention of the petitioner is that the transfer orders dated 29.7.2021 were to have effect on 1.8.2021. On either of these dates, the industrial dispute was not pending before any authority under the Act. As per petitioner, the proceedings of Conciliation Officer in respect of the industrial dispute raised by the Union had come to an end on 23.7.2021, where-after no proceedings were held.

10. The failure report was submitted by the Conciliation Officer on 3.8.2021 to the Labour Commissioner. Respondent No. 2 has contested this claim of the petitioner by referring to the provisions of Sections 12 and 20 of the Act, which reads as under:

“12. Duties of conciliation officers:

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the ri