BHAGWANLAL SHARMA Vs. INDUSTRIAL COURT

JUDGEMENT

(1.) THE short point involved in this Miscellaneous petition under Article 226 of the Constitution of India is whether or not the Industrial Court had power to review a criminal matter.

(2.) THE petitioner's dismissal by the respondent Mills was sponsored as a labour dispute by the Labour Union. The dispute, it seems, ended in favour of the respondents. Thereafter, the Union proceeded to file a complaint against the respondent Mills under section 17 of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961. On 15 -1 -1972, the complainant did not appear and at about 3.20, the Labour Court passed the impugned order dismissing the complaint. The petitioner, thereafter filed an application for restoration of the case. This application was also dismissed. Thereafter, the matter was moved before the State Industrial Court in revision, The State Industrial Court was of the view that it had no power to entertain a revision against the impugned order. It was also pointed out that an appeal against the order lay under section 65(1) (b) of the M.P. Industrial Relations Act. It is under these circumstances that the petitioner has moved this petition under Article 226 of the Constitution.

(3.) THE petition is dismissed, There shall be no order as to costs in the circumstances of the case. Outstanding amount of security be refunded to the petitioner.