Skip to content


Sri Ramachandra Spinning Mills Vs. Its Workmen (Pandalapaka Labour Union) and ors. - Court Judgment

LegalCrystal Citation
SubjectService
CourtAndhra Pradesh High Court
Decided On
Case NumberC.M.P. No. 5653 of 1958
Reported in(1959)ILLJ244AP
ActsIndustrial Disputes Act, 1947 - Sections 2, 7 and 33
AppellantSri Ramachandra Spinning Mills
Respondentits Workmen (Pandalapaka Labour Union) and ors.
DispositionPetition dismissed
Excerpt:
labour and industrial - nature of tribunal - sections 2, 7 and 33 of industrial disputes act - whether high court a tribunal in regard to labour disputes - tribunal to be constituted as per section 7a - held, high court not a tribunal as contemplated under section 33. - 1. in regard to the question of jurisdiction, the petitioner relies on s.33 of the industrial disputes act (xiv of 1947) which runs thus :'during the pendency of any conciliation proceedings or proceedings before a tribunal in respect of any industrial dispute, no employer shall -(a) alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or(b) discharge or punish, whether by dismissal or otherwise, any workman concerned in such dispute, save with the express permission in writing of the conciliation officer, board, or tribunal, as the case may be.'2. his argument is that the high court is a 'tribunal' in regard to labour disputes. but that expression has been defined in s.2(r).....
Judgment:

1. In regard to the question of jurisdiction, the petitioner relies on S.33 of the Industrial Disputes Act (XIV of 1947) which runs thus :

'During the pendency of any conciliation proceedings or proceedings before a tribunal in respect of any industrial dispute, no employer shall -

(a) alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or

(b) discharge or punish, whether by dismissal or otherwise, any workman concerned in such dispute, save with the express permission in writing of the conciliation officer, board, or tribunal, as the case may be.'

2. His argument is that the High Court is a 'tribunal' in regard to labour disputes. But that expression has been defined in S.2(r) of the Industrial Disputes Act as an industrial tribunal constituted under S.7A of the Act. The High Court is not a tribunal contemplated under S.33 of the Act and the petition is not maintainable. The petition is dismissed.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //