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ORISSA HIGH COURT, CUTTACK
B.R.SARANGI, MURAHARI SRI RAMAN
Indian Oil Corporation Ltd. – Appellant
Versus
Central Government Industrial Tribunal-cum-Labour Court – Respondent
| Table of Content |
|---|
| 1. petitioner's service contract details (Para 1 , 2) |
| 2. argument on notice legality and party involvement (Para 4 , 5 , 6) |
| 3. court's procedural observations on party notice (Para 7 , 8 , 9) |
| 4. limits of tribunal's jurisdiction and reference (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. writ petition allowed; notice quashed (Para 17 , 18 , 19) |
JUDGMENT :
Indian Oil Corporation Limited, a Government of Indian Company as defined in Section 617 of the Companies Act, 1956, has filed this writ petition seeking to quash the notice dated 08.08.2013 under Annexure-9 issued by the Central Government Industrial Tribunal-cum- Labour Court in I.D. Case No. 25 of 2013 in pursuance of Reference No. L3011/6/2013-IR (M) dated 06.03.2013, and the order dated 14.08.2013 passed by the said Tribunal under Annexure-10.
2.1 The conciliation having been failed, the Central Government, in exercise of the powers conferred by clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of the Industrial Dispute Act, 1947, vide order dated 06.03.2013, referred the dispute to the Central Government Industrial Tribunal, Bhubaneswar for adjudication with the following reference:-
2.2 Upon receipt
The Tribunal lacks jurisdiction to summon a party not originally involved in the reference, and any notice issued under such circumstances is invalid.
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
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.
The court affirmed that references of industrial disputes by the government require a prima facie satisfaction that a dispute exists, and amendments to pleadings after trial commencement are restrict....
The main legal point established in the judgment is that under Section 2A of the Industrial Disputes Act, 1947, an individual workman can approach the Labour Court directly against alleged terminatio....
The court upheld the validity of a reference order made under the Industrial Disputes Act, emphasizing the administrative nature of such references and allowing the Tribunal to adjudicate claims from....
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....
A dispute between a principal employer and contractors' workers does not constitute a valid industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, due to the absence of an employ....
Industrial disputes under the Industrial Disputes Act can be raised at any time; delay does not bar adjudication if the dispute remains valid and justiciable.
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