MANAGEMENT OF M S NALLY BHARAT ENGINEERING COMPANY LIMITED Vs. STATE OF BIHAR
LAWS(SC)-1990-2-40
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on February 09,1990

Management Of M S Nally Bharat Engineering Company Limited Appellant
VERSUS
STATE OF BIHAR Respondents





Cited Judgements :-

RAM DULARI DEVI VS. BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-2003-1-121] [REFERRED TO]
JAN MOHD VS. STATE [LAWS(RAJ)-1992-5-55] [REFERRED TO]
BHASKAR UPADHYAYA VS. STATE OF U P [LAWS(ALL)-1990-5-92] [REFERRED TO]
COMFORT INTECH LIMITED VS. UNION OF INDIA & ANR [LAWS(DLH)-2016-8-452] [REFERRED]
LIBRARY ASSOCIATION, LUCKNOW AND OTHER VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2007-1-251] [REFERRED TO]
SOHAN LAL SINGH MISHRI LAL SINGH VS. BASIC EDUCATION BOARD [LAWS(ALL)-2004-1-38] [REFERRED TO]
MALAM MALLESH VS. GOVERNMENT OF A P [LAWS(APH)-1990-10-36] [REFERRED TO]
ALCOBEX METALS LTD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2002-2-44] [REFERRED TO]
DHRUV SAI KIRAN VS. UNION OF INDIA [LAWS(KER)-2022-6-286] [REFERRED TO]
ELNA CHINCHU VS. KENDRIYA VIDYALAYA SANGATHAN [LAWS(KER)-2022-6-16] [REFERRED TO]
CHALET HOTELS LIMITED VS. HINDUSTAN AERONAUTICS LIMITED [LAWS(KAR)-2020-5-126] [REFERRED TO]
SUSHIL KUMAR VS. INDO TIBETAN BORDER POLICE FORCE [LAWS(MPH)-1993-2-29] [REFERRED TO]
SANJEEV DEEWAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-5-102] [REFERRED TO]
SADASHIVRAO MANDLIK KAGAL TALUKA SAHAKARI SAKHAR KARKHANA LTD VS. REGIONAL JT DIRECTOR SUGAR [LAWS(BOM)-2011-6-98] [REFERRED TO]
K HARISH VS. UNIVERSITY OF AGRICULTURAL SCIENCES G K V K CAMPUS BANGALORE [LAWS(KAR)-1995-8-52] [REFERRED TO]
MAJOR JASJIT SINGH AHLUWALIA VS. UNION OF INDIA [LAWS(HPH)-1990-7-10] [REFERRED TO]
SHAILJA SRIVASTAVA VS. VICE CHANCELLOR BANARAS HINDU UNIVERSITY [LAWS(ALL)-1992-5-20] [REFERRED TO]
ANKITABAI SAHEBRAO NIKALJE VS. THE ADDITIONAL COLLECTOR, AMBAJOGAI AND ORS. [LAWS(BOM)-2014-6-236] [REFERRED TO]
ASIAN PAINTS INDIA LTD VS. STATE OF U P [LAWS(ALL)-2004-3-69] [REFERRED TO]
H M TRIVEDI VS. UNION OF INDIA [LAWS(GJH)-1991-10-18] [REFERRED 3.]
UDAYA KUMAR VS. JAWAHARLAL NEHRU UNIVERSITY [LAWS(DLH)-2020-9-190] [REFERRED TO]
JESSOP & COMPANY LIMITED VS. UNION OF INDIA [LAWS(CAL)-2009-5-62] [REFERRED TO]
RAGHAVAN NAIR VS. S. PADMAKUMAR [LAWS(KER)-1992-7-60] [REFERRED TO]
ALL KERALA RETAIL DEALERS ASSOCIATION VS. TALUK SUPPLY OFFICER [LAWS(KER)-1997-7-10] [REFERRED TO]
RANJITH IMPEX VS. STATE BANK OF INDIA [LAWS(MAD)-2009-10-331] [REFERRED TO]
COIMBATORE TEXCITY SHARE BROKERS ASSOCIATION VS. UNION OF INDIA [LAWS(MAD)-1992-1-78] [REFERRED TO]
SHREE BAIDYANATH AYURVED BHAWAN PRIVATE LIMITED VS. THE STATE OF BIHAR [LAWS(PAT)-2018-2-247] [REFERRED TO]
THIRUVEEDHI NAGENDRA RAO VS. DISTRICT COLLECTOR PRAKASAM DIST AT ONGOLE [LAWS(APH)-1996-10-37] [REFERRED TO]
UNION BANK OF INDIA VS. SANJOY MITTAL AND ORS. [LAWS(CAL)-2000-8-70] [REFERRED TO]
SHIPPING AND CLEARING AGENTS PVT LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-9-27] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. DELHI ADMINISTRATION [LAWS(DLH)-1995-1-95] [REFERRED . 3.]
ASHWIN S SHAH VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [LAWS(BOM)-2009-8-210] [REFERRED TO]
PROFESSOR UDAYA KUMAR VS. JAWAHARLAL NEHRU UNIVERSITY, [LAWS(DLH)-2020-9-59] [REFERRED TO]
ANDREW BANRILANGUMDOR VS. STATE OF MEGHALAYA [LAWS(GAU)-2007-9-29] [REFERRED TO]
WESTERN INDIAN PLYWOODS LIMITED VS. STATE OF KERALA [LAWS(KER)-2003-5-32] [REFERRED TO]
JAWAHAR SANTHAKUMAR VS. UNION OF INDIA [LAWS(MAD)-2008-4-320] [REFERRED TO]
M/S. BIDI SUPPLY CO. VS. R.P.F. COMMISSIONER [LAWS(ORI)-2016-7-13] [REFERRED TO]
KUMARI NEHA SINHA VS. SPEAKER BIHAR VIDHAN SABHA [LAWS(PAT)-2006-3-26] [REFERRED TO]
LALIT KUMAR VS. UNION OF INDIA [LAWS(HPH)-1990-7-16] [REFERRED TO]
SUBHAMOY SINGHA ROY VS. JADAVPUR UNIVERSITY [LAWS(CAL)-2008-4-22] [REFERRED TO]
STATE OF ASSAM VS. BHAGYA KALITA [LAWS(GAU)-2005-10-6] [REFERRED TO]
MUKUND DAS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1991-7-19] [REFERRED TO]
V.V.MINERALS VS. PRINCIPAL COMMISSIONER OF INCOME TAX [LAWS(MAD)-2020-2-378] [REFERRED TO]
STATE OF KERALA VS. BEEVI KANNU [LAWS(KER)-2014-10-314] [REFERRED TO]
S B P AND CO VS. PATEL ENGINEERING LTD [LAWS(SC)-2005-10-34] [REFERRED TO]
MARUTI SUZUKI INDIA LTD. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2016-2-140] [REFERRED TO]
PRAGATI INDIASTONE CRUSHER VS. M.P. POORVA KSHETRA [LAWS(MPH)-2022-2-39] [REFERRED TO]
NEELIMA MISRA VS. HARINDER KAUR PAINTAL [LAWS(SC)-1990-3-77] [RELIED ON]
KOZHUVANAL SERVICE CO OPERATIVE BANK LIMITED NO 213 KOZHUVANAL P O KOTTAYAM REP VS. STATE OF KERALA [LAWS(KER)-2003-12-139] [REFERRED TO]
DASAN @ R.MUTHUSAMY AND OTHERS VS. THE DISTRICT COLLECTOR, ERODE DISTRICT AND OTHERS [LAWS(MAD)-2018-2-802] [REFERRED TO]
K M MANJUNATHA VS. STATE OF KARNATAKA [LAWS(KAR)-2003-9-53] [REFERRED TO]
ASHOK KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-1-27] [REFERRED TO]
WOCKHARDT LTD VS. PRESIDING OFFICER [LAWS(ALL)-2013-3-206] [REFERRED TO]
UNIVERSITY OF BURDWAN VS. DR. PRASHANTA KUMAR CHATTERJEE [LAWS(CAL)-1998-4-37] [REFERRED TO]
K N ELECTRICAL WORKS PVT LTD VS. DY CITY ENGINEER [LAWS(BOM)-1998-3-88] [REFERRED TO]
MENA TRANSPORT VS. ASSISTANT COMMISSIONER OF COMMERCIAL TAX [LAWS(MPH)-2003-7-73] [REFERRED TO]
BHARATI BHAWAN (PUBLISHERS & DISTRIBUTORS) VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-7-108] [REFERRED TO]
VIVEK GAWDE VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-2022-7-89] [REFERRED TO]
UNION OF INDIA VS. L.R. MEENA [LAWS(DLH)-2011-9-424] [REFERRED TO]
HOTEL KANISHKA VS. DELHI ADMINISTRATION [LAWS(DLH)-1995-4-3] [REFERRED HARYANA CO-OPERATIVE TRANSPORT LTD. KAITHAL V. STATE OF PUNJAB AND OTHERS 1969 LAB IC 301]
YUVRAJ DATTATRAYA PATIL VS. REGIONAL JOINT DIRECTOR SUGAR [LAWS(BOM)-2011-5-12] [REFERRED TO]
M G KADALI VS. A KRISHNA [LAWS(KAR)-1990-7-120] [REFERRED]
K RAJAIAH VS. UNION OF INDIA [LAWS(APH)-2003-8-93] [REFERRED TO]
CHANASMA TALUKA SAHAKARI KHARID VECHAN SANGH LTD VS. STATE OF GUJARAT [LAWS(GJH)-2005-8-80] [REFERRED TO]
ANIMISH PRADIP RAJE VS. SECURITIES AND EXCHANGE BOARD OF INDIA [LAWS(TLNG)-2021-8-75] [REFERRED TO]
PRAGATI INDIASTONE CRUSHER VS. M.P. POORVA KSHETRA VIDYUT VITRAN COMPANY LIMITED [LAWS(MPH)-2022-2-225] [REFERRED TO]
OROPRSKASHGNPTA VS. BIBAR PUBLIC SERVICE COMMISSION [LAWS(PAT)-1991-9-22] [REFERRED TO]
WATER MILLERS POWER COMPANY PVT LTD VS. STATE OF H P & ORS [LAWS(HPH)-2017-9-110] [REFERRED TO]
FEDERATION OF OKHLA INDUSTRIAL ASSOCIATION (REGD ) VS. LT GOVERNOR OF DELHI AND ANR [LAWS(DLH)-2018-8-85] [REFERRED TO]
SUBHAMOY SINGHA ROY VS. JADAVPUR UNIVERSITY [LAWS(CAL)-2007-4-21] [REFERRED TO]
NIPA DHAR VS. NATIONAL AVIATION COMPANY OF INDIA LTD [LAWS(CAL)-2010-12-74] [REFERRED]
GILLANDERS ARBUTHNOT AND COMPANY LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-7-52] [REFERRED TO]
SHYAM GAS COMPANY VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1990-12-7] [REFERRED TO]
DAMODAR JAIRAM SAO VS. DEPUTY CHAITY COMMISSIONER [LAWS(BOM)-2011-9-61] [REFERRED TO]
SAU VAISHALI BALASAHEB CHAVAN VS. ADDITIONAL COLLECTOR, AMBAJOGAI [LAWS(BOM)-2014-11-191] [REFERRED TO]
OCL INDIA LTD VS. STATE OF ORISSA [LAWS(ORI)-2004-8-3] [REFERRED TO]
EMKAY MEDICARE SERVICES THROUGH VS. THE PRESIDENT, RAJASTHAN MEDICARE RELIEF SOCIETY [LAWS(RAJ)-2017-6-4] [REFERRED TO]
P JOHN ABRAHAM VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2000-4-39] [REFERRED]
LOHIYA MACHINE L M L KARMACHARI SANGH KANPUR VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-5-167] [REFERRED TO]
WILBIRTHFORTH MOMIN VS. STATE OF MEGHALAYA [LAWS(GAU)-2007-2-45] [REFERRED TO]
PADAMJIT SINGH VS. NEW DELHI MUNICIPAL COUNCIL & ANR [LAWS(DLH)-2016-8-559] [REFERRED]
KOZHUVANAL SERVICE CO VS. STATE OF KERALA AND OTHERS [LAWS(KER)-2003-11-156] [REFERRED TO]


JUDGEMENT

- (1.)Special leave is granted.
(2.)This appeal from an order of the Patna High court raises an important question as to the scope of S. 33-B of the Industrial Disputes Act, 1947 ('the Act').
(3.)The facts can be quite shortly stated: The appellant-company is mainly engaged in construction of coal washeries on contract basis in different collieries and also doing allied and incidental work. Shivaji Prasad Sinha - respondent 4 was a Senior Supervisor in the company's establishment at Dhanbad. It is said that he was caught red-handed when carrying 55 pieces of electromagnetic clutch plates kept concealed in the tool box of his scooter. The management held domestic enquiry into the incident and found him guilty of committing theft. He was accordingly dismissed from service. The dispute arising therefrom was referred under S. 10 (1) (c) of the Act to Labour court, Dhanbad for adjudication. The Labour court registered the case as Reference Case No. 4 of 1988and issued notice to the parties. The parties entered appearance and filed their respective pleadings. When the matter was thus pending consideration the respondent seems to have written to the government stating that it would be difficult for him to attend the Labour court, Dhanbad since he has been residing at Hajipur and it would be convenient for him if the case is transferred to Labour court, Patna. That application was made without intimation to the management. The government however, has acceded to the request of the respondent and without opportunity to the management transferred the case to Labour court, Patna. The notification issued in that regard reads as follows:
"Notification Patna dated 8/08/1988 S. O. In exercise of powers conferred by Ss. (1) of S. 33-B of the Industrial Disputes Act, 1947 (14 of 1947) the governor of Bihar after careful consideration of the application of the petitioner Shri Shivajee Prasad Sinha wherein he has prayed for the transfer of adjudication proceedings to Patna keeping in view to the difficulties expressed by him to attend the Labour court, Dhanbad, regularly due to his residence at Majipur is pleased to withdraw the proceeding shown in Annx. 'a pending before Labour court, Dhanbad and transfer the said proceeding to the Labour court, Patna for speedy disposal for the stage at which the case is transferred. "

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