MANAGEMENT OF BLUE STAR ENGINEERING CO PRIVATE LIMITED Vs. LT GOVERNOR DELHI ADMINISTRATION

JUDGEMENT

(1.) The services of Shri N. R. Sharma (fourth respondent), a Supervisor in the petitioner-company, who was drawing wages of Rs. 770.00 per month, was terminated with effect from 9th October 1968 (as per Annexure C to the writ petition) He raised an industrial dispute with regard to the termination of his appointment which was referred to the Labour Court constituted for the Union Territory of Delhi, then presided over by Shri Desh Deepak. On his being transferred he was succeeded by Shri R. K. Baweja (fifth respondent) who recorded evidence of both parties and completed all the evidence except for one witness for the management who was absent at the hearing; more than 200 documents are alleged to have been filed. At that stage the Under Secretary of the Delhi Administration (second respondent) passed an order (on 2nd December 1969) transferring the above proceedings from Shri Baweja to the Additional Labour Court presided over by Shri Hans Raj (sixth respondent). The said transfer appears to have been made on a representation made by the workers Union dated 26th October, 1969 alleging that Shri Baweja was prejudiced against Shri N. R. Sharma. The order of transfer (Annexure E to the Petition) referred' to the above application (dated 25th October 1969) said to be made "on the ground of alleged prejudice and in the interest of justice" and directed that the case be proceeded with by the Addl. Labour Court (Shri Hans Raj) from the stage at which it stood at the time of transfer.

(2.) The petitioner questions this order of transfer as not complying with section 33B of the Industrial Disputes Act "in substance and in letter"; though the order was quasi-judicial it was made on the representation of the Union and without hearing the management. It was further attacked as having been made under political pressure, an allegation which, in the view I take, need not detain us.

(3.) Section 33B may now be read:-