The jurisdiction of the Labour Court under the U. P. Industrial Disputes Act is absolute and unfettered, and it cannot be curtailed or made subject to the outcome of criminal proceedings.

( 1 ) BY this petition under Article 226 of the Constitution of India, prayer is that the order dated february 23, 1993 passed by the respondent No. 2, rejecting the application of the employer, the petitioner, for staying the proceedings before the Labour Court. 1, Kanpur, U. P. in adjudication case No,65 of 1992, Om Prakash Shukla (workman) v. . Reva Dry Cleaners, in a Reference under Section 4-K of U. P. Industrial disputes Act (compendiously the Act) may be quashed by issuing a writ of certiorari.

( 2 ) THE factual matrix of the case is that respondent No. 3, Om Prakash Shukla, was working as counter Boy in the petitioners firm with effect from June 3, 1983. The services of the respondent No, 3 were terminated with effect from September 29, 1990. The respondent No. 3 raised an industrial dispute and State of U. P. made a reference under Section 4-K of the Act as follows: "kya sevayojako dwara Sri Om Prakash Shukla putra Sri Pyare Lal Shukla counter man ko dinank November 20, 1990 se seva se prathak/vanchit kiya jana uchit evam vaidhanik hai, yadhi nahi to sabandhit sharamik kya hit labh/chattipurti pana ka ad-hikari hai, kis anya thithi yadhi kis vivran sahit. "

( 3 ) THE proceedings before the Labour Court are pending. The application moved by the employer, the petitioner, to stay the proceedings, having been rejected by the impugned order dated February 23, 1993, the present petition has been filed with the relief to quash the order. The criminal proceedings against the workman, respondent No. 3, were pending as he was alleged to have embezzled the amount of Rs. 6,000/- in between December, 1989 to July, 1990. The first information report was also lodged to that effect under Section 403 of the Indian Penal code, and investigations have been completed and the charges has been submitted. Criminal case (Crime No. 74 of 1991, State of V. P. v. Om Prakash Shukla) is pending in the Court of metropolitan Magistrate, VII Kanpur. The question for consideration in this petition was as to whether during the pendency of the criminal proceeding, the proceeding before the Labour Court could be stayed?

( 4 ) LEARNED counsel for the petitioner urged that when criminal proceedings are pending, they must receive preference over the proceedings pending before the Labour Court, hence the latter proceedings be stayed till the decision of the criminal proceedings. Reliance was placed on sheriff and another v. State of Madras and Ors. , AIR 1984. SC. 397. This case was on different facts where the scope of Section 439 of the Criminal Procedure Code 1898 (Old Code) was considered. The consideration under Sections 439 and 561 of the Old Code would not be decisive nor it would apply in respect of the proceedings pending before the Labour Court. The u. P. Industrial Disputes Act and Rules contain the procedure for expeditions disposal of the proceedings in reference under Section 4-K of the Act. The principles of the genaral civil law including Section 10 of Civil Procedure Code, or the Criminal law (i. e. Section 561-A or Section 482 of New Cr. P. C.) would not apply to the proceedings under the Act unless it is made applicable by the Legislature. It appears the employer has adopted a dilatory tactics to deprive or delay the remedy available to the workman.

( 5 ) IN substance, the petitioner intends that jurisdiction of the Labour Court under the Act to render an award may be ousted. Under Section 4-K the State Government makes reference to a labour Court to pass an award.

( 6 ) AS the Act and the Rules contain special procedure about Reference under Section 4-K of the act read with Section 6, in case the industrial dispute exists or is apprehended, in that event the jurisdiction of the Civil Court or Criminal Court would be barred. The remedy under the Act is an efficacious and the effective remedy, hence there is no justification to stay the proceedings till decision by Criminal Court. For a workman, in case, there is an industria