Case Note & Summary
The case involves a Letters Patent Appeal filed by the Maharashtra General Kamgar Union and two individual employees against Pix Transmissions Ltd. and the Assistant Labour Commissioner. The Conciliation Officer had passed an order staying the transfer of two employees belonging to the appellant union. The company challenged this order before a learned Single Judge, who stayed the Conciliation Officer's order on the ground that the Conciliation Officer lacks adjudicatory powers and can only mediate and promote settlement under Section 33A of the Industrial Disputes Act, 1947. The union appealed. The Division Bench, after hearing both sides, upheld the Single Judge's view, holding that the Conciliation Officer's powers are limited to conciliation and do not include passing interim orders like stay of transfer. The appeal was dismissed.
Headnote
A) Industrial Law - Conciliation Officer's Powers - Section 33A, Industrial Disputes Act, 1947 - The Conciliation Officer's role is limited to mediating and promoting settlement; he does not possess adjudicatory powers and cannot pass interim orders such as stay of transfer. The learned Single Judge correctly stayed the Conciliation Officer's order. (Paras 3-4)
Issue of Consideration
Whether a Conciliation Officer under the Industrial Disputes Act, 1947 has the power to pass an interim order staying the transfer of employees during conciliation proceedings.
Final Decision
The Letters Patent Appeal is dismissed. The order of the learned Single Judge staying the Conciliation Officer's order is upheld.
Law Points
- Conciliation Officer has no adjudicatory powers
- Section 33A of Industrial Disputes Act
- 1947 limits Conciliation Officer to mediating and promoting settlement
- Conciliation Officer cannot pass interim orders like stay of transfer
Case Details
2010 LawText (BOM) (11) 73
Letters Patent Appeal No. 392/2009 in Writ Petition No. 3972/2008
M.V. Mohokar for Appellants, H.V. Thakur for Respondent no.1, D.P. Thakre (AGP) for Respondent no.2
Maharashtra General Kamgar Union, Anil s/o Mahadeorao Pundekar, Arun s/o Fakiraji Taksande
Pix Transmissions Ltd., Narendra Singh Nagbhire (Assistant Labour Commissioner & Conciliation Officer)
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Nature of Litigation
Letters Patent Appeal against interim order of Single Judge staying Conciliation Officer's order.
Remedy Sought
Appellants sought to set aside the Single Judge's stay of the Conciliation Officer's order.
Filing Reason
The Conciliation Officer had stayed the transfer of two employees; the company challenged that order before the Single Judge who stayed it.
Previous Decisions
The learned Single Judge stayed the Conciliation Officer's order on 17.6.2009.
Issues
Whether the Conciliation Officer has power to pass interim order staying transfer of employees.
Submissions/Arguments
Appellants argued that the Conciliation Officer's order should be upheld.
Respondent company argued that the Conciliation Officer lacks adjudicatory powers.
Ratio Decidendi
A Conciliation Officer under the Industrial Disputes Act, 1947 has no adjudicatory powers and cannot pass interim orders like stay of transfer; his role is limited to mediating and promoting settlement under Section 33A.
Judgment Excerpts
The learned Single Judge has prima facie found that the powers of the Conciliation Officer are restricted to bringing about settlement between the parties and the Conciliation Officer does not have powers of adjudication.
Procedural History
The Conciliation Officer passed an order staying transfer of two employees. The company filed Writ Petition No. 3972/2008 challenging that order. The learned Single Judge on 17.6.2009 stayed the Conciliation Officer's order. The union filed Letters Patent Appeal No. 392/2009 against that interim order. The appeal was heard and dismissed on 19.11.2010.
Acts & Sections
- Industrial Disputes Act, 1947: 33A
