Loading...

Hadoti Kshetriya Gramin Bank vs Himmat Singh Hada And Anr. on 23 April, 2002

Rajasthan High Court
Hadoti Kshetriya Gramin Bank vs Himmat Singh Hada And Anr. on 23 April, 2002
Equivalent citations: 2002 (95) FLR 110, (2002) IIILLJ 431 Raj, RLW 2003 (2) Raj 980, 2002 (3) WLC 499
Author: Naolekar
Bench: A Kumar, P Naolekar


JUDGMENT

Naolekar, J.

1. The appellant is a banking institution and the respondent No. 1 Himmat Singh Hada is its employee. The respondent filed a claim petition under Section 33(c)(2) of the Industrial Disputes Act, 1947 (hereinafter shall be referred to as ‘the Act of 1947’) in the Central Labour Court, Jaipur, claiming certain dues. The appellant without filing any reply to the claim petition filed preliminary objections contending that the Central Labour Court, Jaipur has no territorial jurisdiction to hear the claim petition since the Labour Court, Kota is the specified Court in this regard.

2. The Labour Court as well as the learned Single Judge dismissed the preliminary objection, interpreting the notifications issued by the Central Government on 26th of November, 1966 and 7th of December, 1982 whereunder the Ministry of Labour, Employment & Rehabilitation (Department of Labour & Employment), Government of India, in exercise of the powers conferred by Sub-section (2) of Section 33-C of the Act of 1947. specified the Labour Court set up in the State of Rajasthan as the Labour Court which shall decide the amount of money due or the amount at which any benefit referred under Section 33(c)(2) of the Act of 1947 could be computed in terms of money in relation to workman employed in any industry in the State. As per the Labour Court and the learned Single Judge, by virtue of the two notifications, the Labour Court at Jaipur as well as the Labour Court at Kota have jurisdiction to entertain the claims, the claimants have choice to select any of the Court.

3. Under the notification issued on 26th of November, 1966 the authority to try matters under the notification was given to the Labour Court, Jaipur constituted under Section 7 of the Act of 1947, for whole of the State of Rajasthan. Latter on the jurisdiction of the Labour Court in regard to industrial matters instead of confining to Jaipur alone for the Slate of Rajasthan, was territorially subdivided by creation of four more Labour Courts at Jodhpur, Kota, Bikaner and Udaipur by notification dated 7th September, 1978 issued by the State. The Labour Court Kota was given territorial jurisdiction in regard to Kota, Bundi and Jhalawar Districts which was extended to Bara District also by notification extending the territorial jurisdiction of Labour Court, Kota. Admittedly, the claim of respondent No. 1 arises from and within the territorial jurisdiction of Kota Labour Court. Later on the Central Government has issued notification dated 7th of December, 1982 wherein the power to try the matters under Section 33(c)(2) of the Act of 1947 have been given to the Labour Court set up by the State of Rajasthan. The effect of the notification issued on 7th of December, 1982 would be to give jurisdiction to different courts set up in the State of Rajasthan, which would mean that five Labour Courts will have jurisdiction in regard to claims arising out of their territorial jurisdiction. The jurisdiction of the Labour Court of Jodhpur, Kota, Bikaner and Udaipur is specifically mentioned in the State notification and for the rest of the area in Rajasthan the powers are conferred on the Labour Court, Jaipur. The notification dated 7th of September, 1978 of the State Government necessarily implies that the Labour Court, Jaipur will have jurisdiction in regard to the matters which does not arise out of the territorial jurisdiction of Jodhpur, Kola, Bikaner and Udaipur. Subsequent notification dated 7th of December, 1982 issued by the Central Government authorising the Labour Court to exercise the powers under Section 33(c) of the Act of 1947, would have reference to the Labour Courts set up in the State of Rajasthan by the State. The State of Rajasthan has set up a Labour Court at Kota also having its territorial jurisdiction in regard thereto and thus any claim arising out of the territorial jurisdiction within the territory of Labour Court, Kota, shall be tried at Kota alone. The subsequent notification issued by the Central Government on 7th of December, 1982 overrides and supersedes the notification issued by the Central Government on 26th of November, 1966 which had reference to Jaipur Labour Court only, because at that time there was only one Labour” Court established at Jaipur, having jurisdiction for whole of Rajasthan.

4. In view of the aforesaid, the appeal is allowed. The order dated 7.10, 1999 passed by the learned Single Judge as well as the order dated 3.6.1999 passed by the Central Labour Court, Jaipur (Annexure-9 to the writ petition) are set aside. The Central Labour Court, Jaipur (Rajasthan) is directed to return claim petition filed before it by the respondent No. 1 Himmat Singh Hada to him for presentation of the same before proper Court. There shall be no order as to costs.

Leave a Comment

Your email address will not be published.

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information