HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1443/2026

1. Managing Director, Medipulse Hospital, E-4, M.I.A. Basani Second Phase, Jodhpur Rajasthan.

2. Assistant Manager (H.R.), Medipulse Hospital, E-4, M.I.A.

Basani Second Phase, Jodhpur Rajasthan.

----Petitioners Versus Jasraj Rav S/o Late Durgra Ram, Through Rajasthan Trade, Trade Union Centre (R.CITU), Trade Union Office, Surat Singh Ki Kothi, Out Of Sojati Gate, Jodhpur Rajasthan.

----Respondent For Petitioner(s) : Mr. Saurabh Surana HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

23/01/2026

1. Heard on the stay application.

2. The present writ petition has been filed challenging the dismissal of application filed by the petitioners before the Labour Court to reject the claim of the workman. The rejection was sought on the ground that the workman commenced the proceedings before the Labour Court on the basis of certificate issued by the Conciliation Officer.

3. The submission of learned counsel for the petitioners is that the workman cannot approach the Labour Court directly on account of repealment of Sub-Section 2 and 3 of Section 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act of 1947’). It is further submitted that those two provisions were introduced in the Act of 1947 by the Amendment Act of 2010. By the Repealing and Amendment Act of 2016, the Amendment Act of 2010 was repealed, thereby the provisions of Sub-Section 2 and 3 of Section 2A, which were introduced by the said amendment, were repealed. The said provisions enabled workman to approach the Labour Court directlyif the conciliation proceedings are not completed within a period of 45 days from the date of making application for conciliation without reference under Section 10 of the Act of 1947.

4. It is also submitted that after conclusion of the conciliation proceedings, the Conciliation Officer is required to submit a report to the Government informing about the failure or successfulness of the conciliation proceedings. The Government will take a decision under Section 10 of the Act of 1947, whether the matter is required to be referred to the concerned Labour Court/Tribunal. Without reference to Section 10 of the Act of 1947, by virtue of the repealed provisions, the workman was not entitled to approach the Labour Court directly.

5. This Court finds prima facie tenable grounds in the present writ petition. Further, similar issue was canvased before the Hon’ble Division Bench of this Court in the case of Chief Manager, RSRTC Vs. Madan Lal Gurjar & Ors. (D.B. Special Appeal Writ No.249/2023) wherein interim orders have been granted vide order dated 08.05.2023.

6. In the said facts and circumstances, there shall be stay on the complete proceedings before the Industrial Disputes Tribunal- cum-Labour Court, Jodhpur Metro (Rajasthan in L.D. Case No.

43/2019.

7. Issue notice to the respondents, returnable within a period of four weeks.

8. List the matter on 07.03.2026 (MUNNURI LAXMAN),J

165-BhumikaP/-