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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MR. JUSTICE RAJNESH OSWAL, J
Jammu And Kashmir Bank Ltd. – Appellant
Versus
Industrial Tribunal Cum Labour Court J&k At Srinagar – Respondent
JUDGMENT
1. The respondent No. 2 had filed an application under Section 2-A (2) read with section 10 of Industrial Disputes Act, 1947 with the respondent No. 1, praying thereby that the voluntary vacation/cessation order be declared as null and void and the petitioner-Bank be directed to reinstate him in services with immediate effect with all the consequential service benefits.
2. The petitioners filed their response and raised a preliminary objection with regard to the jurisdiction of the Industrial Tribunal cum Labour Court of J&K at Srinagar on the ground that the ‘appropriate Government’ in respect of “Banking” is a Central Government in terms of Section 2(a) of the Act (supra), therefore, the Tribunal being the State Industrial Tribunal/Labour Court has no jurisdiction to try the matter. After hearing the parties, the respondent No. 1 vide its order dated 13.03.2019 rejected the preliminary objection raised by the petitioners by arriving at a conclusion that the State Government is the ‘appropriate Government’ for the bank and the Industrial Tribunal- Labour Court established by the State Government shall have the jurisdiction to adjudicate the application filed by the responde
The Central Government is the appropriate authority for adjudicating industrial disputes involving Jammu & Kashmir Bank Ltd. under the Industrial Disputes Act, 1947.
THE CENTRAL GOVERNMENT IS THE APPROPRIATE GOVERNMENT IN RELATION TO AN INDUSTRIAL DISPUTE CONCERNING A CONTRACT LABOURER EMPLOYED AT THE OFFICE OF IBP/IOC SITUATED AT IBP HOUSE, 34A, NIRMAL CHANDRA S....
The Labour Court at Chandigarh has jurisdiction over the dispute as the decision to terminate the workman was made at the head office located there, despite the workman being posted in Tirupur.
A Labour Court lacks jurisdiction to adjudicate without explicit specification by the State Government under Section 33-C(2) of the Industrial Disputes Act.
It is settled law that Government is not denuded from running a company holding majority of shareholder. But shareholder independently cannot be made a party for adjudication of lis.
Point of Law : Cost of maintaining the association is met partly by members and partly by grants from government and other sources. It will thus be dear that in effect the association has been establ....
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