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ARINDAM LODH
Glenmark Pharmaceuticals Limited – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Heard Mr. Somik Deb, learned Sr. Counsel and Mr. T.D. Majumder, learned Sr. Counsel assisted by Mr. Raju Datta, learned counsel and Ms. S. Chism, learned counsel appearing for the petitioner as well as Mr. P. Roy Barman, learned Sr. Counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the private-respondents and Mr. P. Saha, learned counsel appearing for the State-respondents.
2. This bunch of writ petitions has been taken up and heard together because common questions of law and facts are involved.
3. At the very outset, Mr. Somik Deb, learned Sr. Counsel has raised the question of maintainability of the proceedings initiated by the respondents before the learned Labour Court. Learned Sr. Counsel has submitted that the Labour Court had no jurisdiction to proceed under Section 2 -A(2) of the Industrial Disputes Act since the said provision had been repealed by the Gazette Notification dated 9th May, 2016 whereby, the Industrial Dispute Act, 1947 had been amended and Section 2 -A(2) had been expressly repealed. Due to such repeal of the provision, the findings and awards passed by the Labour Court cannot have any force in the eye of the law.
4. Mr. P. Roy B
The repeal of Section 2-A(2) of the Industrial Disputes Act invalidated the Labour Court's jurisdiction, rendering its judgments null and void.
The jurisdiction over employment-related disputes, particularly promotions, lies exclusively with Labour Courts under the Industrial Disputes Act, 1947.
The repeal of Section 2A(3) of the Industrial Disputes Act allows claims previously barred by limitation to be maintainable, enabling redressal of grievances post-repeal.
The repeal of Section 2A(3) of the Industrial Disputes Act removed the limitation for filing applications for redressal, allowing the petitioner to approach the Tribunal without restriction.
Section 33C(2) is more comprehensive than Section 33C(1). Section 33C(2) applies not only to cases of settlement or award or cases under Chapter VA of the Act, but to other cases as well. By a proces....
The Labour Court cannot review its own orders except under limited circumstances; jurisdiction persists for adjustments in extraordinary circumstances, especially during the pandemic.
The Ministry of Labour cannot adjudicate its status as an 'industry' under the Industrial Disputes Act, and must refer disputes to a labour court, as its role at that stage is purely administrative.
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