PORT AND DOCK EMPLOYEES ASSOCIATION Vs. GOVERNMENT OF INDIA
LAWS(APH)-1992-4-43
HIGH COURT OF ANDHRA PRADESH
Decided on April 16,1992

PORT AND DOCK EMPLOYEES ASSOCIATION Appellant
VERSUS
GOVERNMENT OF INDIA Respondents

JUDGEMENT

Sivaraman Nair, J. - (1.)The only question which arises in this writ petition is whether the third respondent was right in his order in I.T.I.D.No.6/90 (Central), dt.9-8-91. In the above order the Industrial-Tribunal-Labour Court, Visakhapatnam, held that it has no jurisdiction to entertain the application for the reason that the name of the Presiding Officer constituted by the State has not been notified by the Central Government as prescribed under Rule 5 of the Industrial Disputes Act.
(2.)Section 7-A constitutes Industrial Tribunal and Labour Courts and provides that a Tribunal shall consist of one person only to be appointed by an appropriate Government. Section 10 deals with reference of disputes to Boards, Courts or Tribunals and provides that, if an appropriate Government is of the opinion that any industrial dispute exists or is apprehended, it may at any time by order in writing refer a dispute to
"(a) a Board for promoting a settlement thereof; or

(b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or

(c) refer the dispute or any matter appearing to be connected with or relevant to, the dispute, if it relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or

(d) refer the dispute or any matter appearing to be connected with or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule to a Tribunal for adjudication;

(3.)There are three proviso's to Section 10(1). The Third Proviso was added with effect from 21-8-84 by Act 46 of 1982. That proviso reads as follows:
"Provided also that, where the dispute in relation to which the Central Government is the appropriate Government, it shall be competent for that Government to refer the dispute to a labour court or an Industrial Tribunal, as the case may be, constituted by the State Government."

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.