Case Note & Summary
The petitioner, VIP Industries Shramik Sangh, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 27-09-2013 passed by the Industrial Tribunal, Nagpur. The Tribunal had held that the statement of claim filed by the Union regarding the transfer of 140 employees was beyond the scope of the industrial dispute referred for adjudication. The Union had submitted a charter of demands on 03-03-2011, and after failure of conciliation, a reference was made to the Industrial Tribunal. The Union then filed a statement of claim which included issues related to transfer of employees. The Management objected, contending that the transfer issue was not part of the original charter of demands and thus outside the reference. The Tribunal upheld the objection. The High Court, after hearing both sides, found that the reference was limited to the charter of demands and the transfer issue was not included. The Court held that the Tribunal did not err in its decision and dismissed the writ petition.
Headnote
A) Industrial Law - Scope of Reference - Transfer of Employees - Industrial Disputes Act, 1947, Section 10 - The petitioner Union challenged the order of the Industrial Tribunal which held that the claim regarding transfer of 140 employees was beyond the scope of the reference. The High Court upheld the Tribunal's order, finding that the reference was limited to the charter of demands and the transfer issue was not part of it. Held that the Tribunal correctly restricted the scope of adjudication to the dispute referred. (Paras 1-10)
Issue of Consideration
Whether the Industrial Tribunal erred in holding that the statement of claim filed by the petitioner Union regarding transfer of 140 employees was beyond the scope of the industrial dispute referred for adjudication.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Industrial Tribunal.
Law Points
- Scope of reference
- Industrial Dispute
- Transfer of employees
- Section 10 of Industrial Disputes Act
- 1947
- Jurisdiction of Tribunal
Case Details
2014 LawText (BOM) (10) 101
WRIT PETITION NO. 6588 OF 2013
Shri B.M. Khan for petitioner, Shri H.V. Thakur for respondent no.1, Ms A.R. Taywade, AGP for respondent no.2
VIP Industries Shramik Sangh
VIP Industries Limited, Industrial Tribunal
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Nature of Litigation
Writ petition challenging order of Industrial Tribunal regarding scope of reference in an industrial dispute.
Remedy Sought
Petitioner Union sought to quash the Tribunal's order and allow its statement of claim regarding transfer of 140 employees.
Filing Reason
The Industrial Tribunal held that the claim regarding transfer of employees was beyond the scope of the reference.
Previous Decisions
The Industrial Tribunal passed order dated 27-09-2013 below Exhibit-10 holding the statement of claim beyond scope.
Issues
Whether the Industrial Tribunal erred in holding that the statement of claim regarding transfer of 140 employees was beyond the scope of the industrial dispute referred for adjudication.
Submissions/Arguments
Petitioner argued that the transfer issue was part of the industrial dispute and should be adjudicated.
Respondent Management contended that the transfer issue was not part of the charter of demands and thus outside the reference.
Ratio Decidendi
The scope of an industrial dispute referred for adjudication is limited to the terms of reference; the Tribunal cannot entertain claims beyond the reference.
Judgment Excerpts
This Writ Petition filed under Articles 226 and 227 of the Constitution of India challenges the order dated 27-09-2013 passed below Exhibit-10 thereby holding that the statement of claim filed by the petitioner Union in relation to the transfer of 140 employees was beyond the scope of the industrial dispute that had been referred for adjudication.
Procedural History
The petitioner Union submitted a charter of demands on 03-03-2011. After failure of conciliation, a reference was made to the Industrial Tribunal. The Union filed a statement of claim including transfer issues. The Management objected. The Tribunal passed order on 27-09-2013 restricting the scope. The Union filed the present writ petition on 23-12-2013, which was heard and dismissed on 31-10-2014.
Acts & Sections
- Constitution of India: Articles 226, 227
- Industrial Disputes Act, 1947: Section 10
- Trade Unions Act, 1926:
- Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971:
