Srinagar: The High Court of J&K and Ladakh has ruled that in case of an industrial dispute between the Jammu and Kashmir Bank Ltd and its workman, the appropriate government would be ‘the Central government’.
The ruling was held by Justice Rajnesh Oswal in a petition by one former employee, Qaiser Qalander, who had filed an application under Section 2-A (2) read with section 10 of Industrial Disputes Act, 1947 with the Industrial Tribunal Cum Labour Court J&K at Srinagar.
He had prayed that the voluntary vacation/cessation order for him by J&K Bank be declared as null and void and the Bank be directed to reinstate him in services with immediate effect with all the consequential service benefits.
The Bank in its response raised a preliminary objection with regard to the jurisdiction of the Industrial Tribunal cum Labour Court of J&K at Srinagar on the ground that the ‘appropriate government’ in respect of “banking” is a Central government. Therefore, the tribunal being the State Industrial Tribunal/Labour Court has no jurisdiction to try the matter.
Justice Oswal after hearing the parties and perusing the records held that in case of industrial dispute between the Jammu and Kashmir Bank Ltd. and its workman, the appropriate government would be ‘the Central government’.
“As this court has arrived at the conclusion that the central government is appropriate government in case of an industrial dispute between the petitioner bank and its workman, therefore as a natural consequence, the industrial tribunal-labour court, established by the Central government ordinarily shall have the jurisdiction to adjudicate the industrial dispute between the petitioner bank and its workman,” said the court.
It held proviso to section 10 of the Industrial Disputes Act, 1947 reveals that the dispute, where the Central government is the appropriate government, it shall be within the competence of that government to refer the dispute to a labour court or industrial tribunal, as the case may be, constituted by the State government.
“Thus, the Central government can refer the dispute to a labour court or industrial tribunal, constituted by the State government, but otherwise the industrial tribunal-labour court, established by the Central government ordinarily shall have the jurisdiction to adjudicate the industrial dispute between the petitioner- bank and its workman,” observed the judge.
“Accordingly, it is held that in case of an industrial dispute between the J&K Bank Ltd. and its workman, only the labour court or industrial tribunal, established by the Central government, shall have power to adjudicate the same but the Central government may refer the dispute to labour court or industrial tribunal established by the State government and in that eventuality only, the labour court or industrial tribunal established by the State government shall have jurisdiction to adjudicate the same,” he said.
He also held that the tribunal has not considered the controversy in its right perspective and has relied upon the judgment, which was not at all applicable in the instant case.
