Case Note & Summary
The appellant, Niranjankumar Shah, General Secretary of Lal Zenda Coal Mines Majdoor Union (CITU), filed a Letters Patent Appeal against the judgment of a Single Judge of the Bombay High Court, Nagpur Bench, dated 22.02.2011, dismissing his Writ Petition No. 710/2011. The writ petition challenged an order of the Industrial Court, Yavatmal, which had granted interim relief under Section 28/2 of the Trade Union Act, 1926, in a dispute between the appellant and the respondent union. The Industrial Court initially passed an ad-interim order on 21.01.2010, which was confirmed on 27.10.2010 after hearing the parties. The appellant contended that the Industrial Court's subsequent order was contradictory to its earlier observations and that the Single Judge erred in dismissing the petition. The respondent supported the orders. The Division Bench, after hearing counsel for both sides, found that the Industrial Court's order was a discretionary order and the Single Judge had correctly declined to interfere under Article 227 of the Constitution, as no perversity or jurisdictional error was established. The appeal was dismissed, and the interim order of status quo was vacated.
Headnote
A) Trade Union Law - Interim Relief under Section 28/2 - Discretionary Order - The appeal challenged the dismissal of a writ petition against an Industrial Court order granting interim relief in a trade union dispute. The Court held that the Industrial Court's order was discretionary and the Single Judge rightly declined to interfere under Article 227 as no perversity or jurisdictional error was shown. (Paras 2-5)
B) Civil Procedure - Letters Patent Appeal - Maintainability - The appeal was filed against the order of a Single Judge dismissing a writ petition. The Division Bench considered the merits and found no ground to interfere. (Paras 1-5)
Issue of Consideration
Whether the learned Single Judge erred in dismissing the writ petition challenging the Industrial Court's order granting interim relief under Section 28/2 of the Trade Union Act, 1926.
Final Decision
The Letters Patent Appeal is dismissed. The interim order of status quo granted by the Single Judge stands vacated.
Law Points
- Trade Union Act
- 1926
- Section 28/2
- Interim relief
- Discretionary order
- Article 227 of Constitution of India
- Scope of interference
Case Details
2011 LawText (BOM) (04) 96
LETTERS PATENT APPEAL No. 138 OF 2011 IN WRIT PETITION No. 710 OF 2011
S.A. Bobde, S.B. Deshmukh
M.V. Samarth for Appellant, B. Lahri for Respondent No.1 (Caveator)
Lal Zenda Coal Mines Majdoor Union (CITU) through President Kailash Nirapure and others
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Nature of Litigation
Appeal against dismissal of writ petition challenging Industrial Court's order granting interim relief under Section 28/2 of Trade Union Act, 1926.
Remedy Sought
Appellant sought setting aside of the Single Judge's order dismissing his writ petition and quashing of the Industrial Court's interim order.
Filing Reason
Appellant aggrieved by the Industrial Court's order granting interim relief to the respondent union, which he alleged was contradictory to earlier observations.
Previous Decisions
Industrial Court, Yavatmal passed ad-interim order on 21.01.2010, confirmed on 27.10.2010. Single Judge dismissed Writ Petition No. 710/2011 on 22.02.2011, directing status quo for 10 days.
Issues
Whether the Industrial Court's order granting interim relief under Section 28/2 of the Trade Union Act, 1926 was perverse or without jurisdiction.
Whether the Single Judge erred in dismissing the writ petition under Article 227 of the Constitution.
Submissions/Arguments
Appellant argued that the Industrial Court's order was illegal on facts and law, and that the Single Judge did not consider the application for dismissal of the dispute.
Respondent supported the orders of the Industrial Court and the Single Judge.
Ratio Decidendi
The Industrial Court's order granting interim relief under Section 28/2 of the Trade Union Act, 1926 is a discretionary order. The Single Judge, in exercise of powers under Article 227 of the Constitution, rightly declined to interfere as no perversity or jurisdictional error was shown.
Judgment Excerpts
This appeal filed by the appellant/petitioner takes exception to the judgment and order passed by the learned Single Judge of this Court in Writ Petition No. 710/2011 on 22.02.2011.
Having regard to the submissions of the learned Counsel appearing on behalf of the appellant/petitioner, we have perused the order passed by the learned Single Judge and the order passed by the Member, Industrial Court, Yavatmal.
Procedural History
The appellant filed a dispute under Section 28/2 of the Trade Union Act, 1926 before the Industrial Court, Yavatmal. The Industrial Court passed an ad-interim order on 21.01.2010, confirmed on 27.10.2010. The appellant filed Writ Petition No. 710/2011 before the Bombay High Court, Nagpur Bench, which was dismissed on 22.02.2011 with a direction to maintain status quo for 10 days. The appellant then filed the present Letters Patent Appeal No. 138/2011.
Acts & Sections
- Trade Union Act, 1926: Section 28/2
