BHOPAL UNIT THROUGHOUT SECRETARY Vs. SENIOR GENERAL MANAGER

JUDGEMENT

(1.) ASSAILING the award dated 26.4.2007 passed by the Labour Court-I, Bhopal in Case No.223/2003/ID Reference rejecting the same on the ground of jurisdiction, the M.P. Medical & Sales Representative Association has filed this petition.

(2.) THE facts in brief are that Apurva Sarkar was appointed as Sales Representative in the employment of the respondent on 3.4.1995. On account of his satisfactory performance, he was confirmed vide order dated 28.7.1996. The service of petitioner was terminated vide letter dated 7.4.2003, communicated on 12.4.2003 at Bhopal. The petitioner-union submitted a claim before the Dy. Labour Commissioner, Bhopal Division Bhopal which could not be settled, however dispute was referred for adjudication before the Labour Court/Bhopal. The respondent by filing the reply denied the allegations of the statement of the claim and raised the preliminary objection that State of Madhya Pradesh is not the appropriate Government to refer the dispute and also that the Labour Court, Bhopal is having no jurisdiction to decide such dispute. It is said that the establishment of the respondent is at Mumbai and the salary of the petitioner was being paid from Mumbai and also as per the appointment order if any dispute arises with employer the Mumbai Court would have jurisdiction to adjudicate it, however the Labour Court Bhopal is having no jurisdiction to decide the dispute as referred by the Government. By the order impugned said objection has been upheld giving rise to file this petition.

(3.) PER contra, Shri Hemant Kumar with Shri Anand Jain, learned counsel appearing on behalf of the respondent contends that the Labour Court has not committed any error in rejecting the statement of claim filed by the petitioner because the State of M.P. is not the appropriate Government to make the reference and the Labour Court Bhopal is also not having jurisdiction to decide such reference. To buttress the submission reliance has been placed on the judgment of the Apex Court in the case of M/s Lipton Ltd. and another Vs. Their Employees, AIR 1959 SC 676, Association of Medical Representatives (M&V) V. The Industrial Tribunal, M.P Indore and others, AIR 1967 MP 114 and Balaji Coke Industry Pvt. Ltd. V. M/s Maa Bhagwati Coke (Guj) (P.) Ltd. 2010 (I) MPWN 39. In view of the aforesaid, it is urged that the order passed by the Labour Court may be maintained dismissing the present petition.