THE MANAGEMENT OF NAVASHAKTI PUBLISHING CO. LTD. Vs. THE PRESIDING OFFICER & ANOTHER

JUDGEMENT

(1.) The Management of Navashakti Publishing Co. Ltd., has filed this writ application for quashing the order of the Labour Court dated November, 11, 1971 Annexure '2' to the writ application allowing the application of respondent no. 2 filed under Sec. 33C(2) of the Industrial Disputes Act (briefly 'the Act') directing the petitioner to pay a sum of Rs. 28,000/ -. The only question raised for our consideration is that the Labour Court was not competent to entertain the application of the second respondent under the aforesaid provision of the Act in as much as that Court was not specified in this behalf by the appropriate Government and therefore, the order is without jurisdiction.

(2.) The relevant facts are these: The services of respondent no. 2 were terminated by the petitioner in the year 1960 whereupon he raised an industrial dispute which was referred to by the State Government to the Labour Court, Patna for adjudication. The question referred to the Labour Court was "whether Sri Jugal Kishore Singh should be reinstated as Editor 'Navashakti' and/or given any other relief -

(3.) By his award dated 19.10.1962, the Presiding Officer of the Labour Court, Patna, in the aforesaid reference case no. 5 of 1961, held that respondent no. 2 was removed from his post of editor without rhyme and reason while the news paper was still in circulation and therefore, his removal was illegal and unjustified. He, accordingly, directed for his reinstatement without any break in service with full wages for his idle period. In pursuance of this award the second respondent made an application under Sec. 33C(2) on August 30, 1968 before respondent no. 1. The petitioner did not appear in this proceeding and the impugned order was passed on 11.11.1971 ex parte.