Industrial Disputes – Jurisdiction of Labour Court 2014 STPL(Web) 2101 MADRAS (MAD)(DB) - Labour Court can modify punishment AMANULLAH Vs. CHENNAI PORT TRUST Industrial Disputes Act, 1947 – Sections 10 (4) and 11(A) – Industrial Disputes – Jurisdiction of Labour Court – Award was not beyond scope of reference – Modifying punishment of discharge into one of compulsory retirement – Single Judge was not right in setting aside award of Labour Court by allowing writ petition – It is evident that making of such reference by appropriate Government, would arise only when said Government is of opinion that an industrial dispute exists between parties – If an industrial dispute does not exist requiring for adjudication by Labour Court, there is no necessity for making a reference at all under section 10 of the said Act – Certainly purpose of making a reference is not for inviting Labour Court to have a futile exercise – Hence, held that the very reference in this case was made with full knowledge that Labour Court, while considering claim of appellant for terminal benefits and pension, will have to necessarily go into question of correctness or otherwise of punishment as well for purpose of granting or rejecting terminal benefits – Having made such reference and submitted themselves to jurisdiction of Labour Court for adjudication of said issue, first respondent is not entitled to question the jurisdiction of Labour Court in going into punishment issue – In fact, they are estopped from contending so – As rightly contended by appellant, Labour Court even otherwise is empowered to go into matters, which are incidental thereto to order of reference – Such exercise done by Labour Court was well within ambit, scope and power conferred on Tribunal under Section 11(A) of the Act – It is well settled that technicalities should not stand in the way of rendering substantial justice – Impugned order of Single Judge is set aside and award of Tribunal is restored – Appeal allowed.
Posted on: Wed, 17 Dec 2014 13:52:31 +0000
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