Case Note & Summary
The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The present respondent no.1 had filed the said writ petition challenging the award passed by present respondent no.2 in Reference (I.T.) No.156/1985 on 31st of July, 1996. The dispute referred to the Industrial Tribunal for adjudication was whether the demand of the Union for certain benefits was justified. The appellant, Tata Global Beverages Limited (formerly Tata Tea Limited), contended that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947. The learned Single Judge dismissed the writ petition, upholding the award. In appeal, the Division Bench of the Bombay High Court considered the issue of jurisdiction. The court analyzed the definition of 'industrial dispute' under Section 2(k) of the Industrial Disputes Act, 1947, and held that the dispute raised by the Union did not pertain to any matter connected with the employment or non-employment or terms of employment or conditions of labour of any person. Consequently, the Industrial Tribunal lacked jurisdiction. The court allowed the appeal, set aside the order of the learned Single Judge and the award of the Industrial Tribunal.
Headnote
A) Industrial Law - Jurisdiction of Industrial Tribunal - Reference under Section 10 of Industrial Disputes Act, 1947 - The Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute within the meaning of Section 2(k) of the Act. The court held that the dispute raised by the Union did not pertain to any matter connected with the employment or non-employment or terms of employment or conditions of labour of any person. (Paras 1-10) B) Industrial Law - Definition of Industrial Dispute - Section 2(k) of Industrial Disputes Act, 1947 - The dispute must be between employers and workmen or between workmen and workmen, and must be connected with the employment or non-employment or terms of employment or conditions of labour. The court found that the dispute in question did not satisfy this definition. (Paras 1-10)
Issue of Consideration
Whether the Industrial Tribunal had jurisdiction to adjudicate the reference made under Section 10 of the Industrial Disputes Act, 1947, and whether the dispute raised by the Union was an industrial dispute within the meaning of Section 2(k) of the Act.
Final Decision
The appeal is allowed. The order passed by the learned Single Judge in Writ Petition No.4009/1997 on 19th September, 2007 is set aside. The award passed by the Industrial Tribunal in Reference (I.T.) No.156/1985 on 31st July, 1996 is also set aside. No order as to costs.
Law Points
- Industrial Disputes Act
- 1947
- Section 2(k)
- Section 10
- Jurisdiction of Industrial Tribunal
- Definition of Industrial Dispute
- Workman
- Employer
