SHISHIR KUMAR, J. - (1.) THIS writ petition has been filed for quashing the order impugned dated 13.11.2007 passed by respondent No. 2 (Annexure4 to the writ petition) and further quashing the order dated 30.10.2007 passed by Respondent No. 1 (Annexure 3 to the writ petition).
(2.) THE facts arising out of the present writ petition are that the petitioner is a Company registered under the Indian Companies Act, having its factory at A-3, Industrial Area, Surajpur, Greater Noida, district Gautam Budh Nagar and is engaged in the business of manufacturing two wheeler motor-cycles. The petitioner company employed its own skilled, non-skilled, technical and other ministerial staff. It is stated that the petitioner company had its own temporary ad-hoc or regular, permanent establishment of workers engaged by the company from time to time. The Respondent No. 3 raised an industrial dispute. The State Government in exercise of power conferred under Section 4-K of the U.P. Industrial Disputes Act, 1947 was pleased to refer the dispute for adjudication before the Labour Court (1) U.P. Ghaziabad. The said adjudication was registered before the Labour Court (1) U.P. Ghaziabad as Case No. 682 of 2001. On 7.10.2002, the workman representative submitted that written statement and written statement on behalf of the petitioner was also submitted on 31.3.2003. The petitioner raised various preliminary objections and affidavits were exchanged by the parties. It has also been submitted that the Union which was earlier registered, was de-registered by the Registrar, Trade Union, U.P. Kanpur and a communication to that effect was sent by the Registrar vide its letter dated 31.12.2004. The case remained pending before the Labour Court (1) U. P. Ghaziabad for one reason or another, mainly because there was no presiding officer. The State Government vide its order dated 18.4.2006 established a Labour Court now in district Gautam Budh Nagar vide its order dated 25.10.2007. The State Government exercising the power under Section 6-G of the UP. Industrial Disputes Act, 1947 and under Section 33-B of the Industrial Disputes Act (Central Act), was pleased to transfer all pending cases in the Labour Court (1) U.P. Ghaziabad and the Labour Court (2) U.P. Ghaziabad pertaining to 'Noida area' district Ghaziabad. It has been stated that the industry of which the dispute falls is within the district of Gautam Budh Nagar, as it is clear from the reference and consequently by virtue of the order dated 25.10.2007, meaning thereby the adjudication case No. 682 of 2001 pending before the Labour Court (1) U.P. Ghaziabad stands transferred to District Gautam Budh Nagar. In utter surprise the State Government by another order dated 30.10.2007 transferred the adjudication case No. 682 of 2001 pending before the Labour Court (1) U.P. Ghaziabad to the Labour Court (2) U.P. Ghaziabad. It states that the order has been passed in exercise of powers conferred under Section 6-G of the U.P. Industrial Disputes Act read with Section 33-B of the Industrial Disputes Act (Central Act). The reason disclosed in the said order was that presiding officer is unwell. It has been submitted by the learned counsel for the respondents that the order dated 30.10.2007 has been sent to the Employer petitioner. However, on oath it has been submitted that the petitioner has not received the said order at any point of time. The petitioner came to know regarding the aforesaid order on 19.11.2007. Then the petitioner directed his representative to obtain a certified copy of the order and after obtaining a certified copy of the order, it came to the knowledge of the petitioner that at no point of time any notice or opportunity was given before passing of the order of transfer. A submission has been made on behalf of the petitioner that once an earlier order of transfer of jurisdiction to a particular case has been passed in view of formation of the Labour Court, the case cannot be re-transferred again, as it cannot be treated to be pending any more before the Labour Court (1) U.P. Ghaziabad. On the day when the order was passed, the Court has no jurisdiction to proceed with the case on the basis of void and illegal order. The reason given in the order of transfer is totally misconceived as the jurisdiction of cases pertaining to Gautam Budh Nagar having already been transferred to the Labour Court, Noida, there was no occasion to pass subsequent order transferring the adjudication case No. 682 of 2001 from the Labour Court (1) U.P. Ghaziabad to the Labour Court (2) U.P. Ghaziabad.
(3.) FURTHER , an argument has been made on behalf of the petitioner that as the Union was already de-registered, therefore, there was no occasion to make an application for transferring the case and the application filed by the Union itself was not maintainable. Further, it has been brought to the notice of this Court that in similar circumstances regarding maintainability of the claim this Court has passed an order that even the de-registered Union can represent the workmen. This Court has allowed the petition and against that order a special leave petition has been filed in which the interim order as regards the further proceedings has been stayed. Therefore, in view of aforesaid facts, the application for transfer on behalf of the Union itself was not maintainable.;