Eyewitness Consistency is Key in Upholding Murder Convictions," Rules Rajasthan High Court State Cannot Take the Defence of Adverse Possession Against an Individual, Rules MP High Court in Land Encroachment Case Ignoring Crucial Evidence is an Illegal Approach: P&H High Court in Remanding Ancestral Property Dispute for Fresh Appraisal A Litigant Should Not Suffer for the Mistakes of Their Advocate: Madras High Court Overturns Rejection of Plaint in Specific Performance Suit 20% Interim Compensation is Not Optional in Cheque Bounce Appeals, Rules Punjab & Haryana High Court Presumption of Innocence Fortified by Acquittal: Rajasthan High Court Upholds Verdict in Accident Case Absence of Fitness Certificate Invalidates Insurance Claim, Rules MP High Court: Statutory Requirement Can't Be Ignored Punjab & Haryana High Court Affirms Protection for Live-In Couple Amidst Pending Divorce Proceedings Reassessment Must Be Based on New Tangible Material: Delhi High Court Quashes IT Proceedings Against Samsung India Kerala High Court Denies Bail to Police Officer Accused of Raping 14-Year-Old: 'Grave Offences Demand Strict Standards' Repeated Writ Petitions Unacceptable: Calcutta High Court Dismisses Land Acquisition Challenge Delhi High Court Upholds Validity of Reassessment Notices Issued by Jurisdictional Assessing Officers in Light of Faceless Assessment Scheme Adverse Possession Claims Fail Without Proof of Hostile Possession: Madras High Court Temple's Ancient Land Rights Upheld: Kerala High Court Rejects Adverse Possession Claims Expulsion Must Be Exercised in Good Faith — Calcutta High Court Orders Fresh Adjudication in Partnership Dispute Instigation Requires Reasonable Certainty to Incite the Consequence: Delhi High Court in Suicide Case

Jurisdiction of Industrial Tribunal Under Section 33(2)(b) Cannot Be Equated with Section 10 of the Industrial Disputes Act: Jharkhand High Court

07 May 2024 8:19 AM

By: Admin


The Jharkhand High Court has upheld the reference of a dispute concerning the dismissal of Dharmendra Kumar, a workman, to the Labour Court, Ranchi. The decision, delivered by Hon’ble Mrs. Justice Anubha Rawat Choudhary, emphasizes the distinct jurisdictions of the Labour Court and the Industrial Tribunal under the Industrial Disputes Act, 1947. The court’s ruling underscores that proceedings under Section 10 and Section 33(2)(b) are not overlapping, allowing the Labour Court to proceed with adjudicating the dispute despite pending cases before the Industrial Tribunal.

The petitioner, Usha Martin Limited, challenged the reference made by the State Government to the Labour Court, Ranchi, regarding the dismissal of Dharmendra Kumar. The petitioner argued that the proceedings should be stayed due to pending cases under Section 33(2)(b) and Section 33-A of the Industrial Disputes Act before the Industrial Tribunal. The respondent-workman, Dharmendra Kumar, faced dismissal after allegedly disrupting production and engaging in misconduct during the COVID-19 pandemic recovery period. The State Government had referred the dismissal dispute to the Labour Court under Section 10(1)(c) and Section 10(2A) of the Act.

Credibility of Jurisdiction: The court meticulously examined the jurisdictional scopes of the Labour Court and the Industrial Tribunal, underscoring that the Labour Court’s proceedings under Section 10 and the Industrial Tribunal’s proceedings under Section 33(2)(b) are distinct. The judgment clarified, “The jurisdiction of the Industrial Tribunal under Section 33(2)(b) cannot be equated with that of Section 10 of the Industrial Disputes Act.”

Summary Nature of Section 33(2)(b) Proceedings: The court referenced established judicial precedents to emphasize the summary nature of proceedings under Section 33(2)(b), which involve a two-stage scrutiny to determine the prima facie case and compliance with natural justice principles. The court noted, “Findings in such summary proceedings do not bind the Labour Court’s adjudication under Section 10, which provides a comprehensive mechanism for dispute resolution.”

Evaluation of Evidence: The High Court drew on several Supreme Court judgments, particularly the detailed exposition in John D’souza vs. Kamata State Road Construction Corporation, to highlight the limited scope of Section 33(2)(b) proceedings. The court stated, “An order of approval granted under Section 33(2)(b) has no binding effect in the proceedings under Section 10(1)(c) and (d) which shall be decided independently.”

Independence of Labour Court Adjudication: The judgment reinforced that the Labour Court is not required to stay proceedings merely because related cases are pending before the Industrial Tribunal. This principle was supported by the Supreme Court ruling in Cholan Roadways Ltd. Vs. G. Thirugnanasambandam, which delineates the independent adjudicatory powers of Labour Courts under Section 10.

Justice Anubha Rawat Choudhary remarked, “The Labour Court or Tribunal, while holding enquiry under Section 33(2)(b) cannot invoke the adjudicatory powers vested in them under Section 10(1)(c) and (d) of the Act, nor can they in the process of formation of their prima facie view under Section 33(2)(b), dwell upon the proportionality of punishment.”

The Jharkhand High Court’s decision underscores the judiciary’s commitment to maintaining the distinct and independent jurisdictions of the Industrial Tribunal and Labour Court under the Industrial Disputes Act, 1947. By allowing the Labour Court proceedings to continue despite pending cases under Section 33(2)(b) and Section 33-A, the judgment reinforces the procedural integrity and comprehensive adjudication of industrial disputes. This ruling is expected to have significant implications for future cases, ensuring clarity in the overlapping yet distinct jurisdictions of industrial adjudicatory bodies.

Date of Decision:14th May 2024

Management of Usha Martin Limited

Similar News