Case Note & Summary
The petitioner, M/s. Pearlite Liners Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging orders dated 28.02.2013 passed by the Industrial Tribunal, Mysore, in Serial Application No.4/2009 in Ref.No.82/2009 and Serial Application No.8/2009. The petitioner sought to quash these orders and further direct the Commissioner and Secretary to the Government of Karnataka, Department of Labour (Respondent No.2), to transfer the cases to the Additional Industrial Tribunal, Bangalore. The background of the dispute involves labour disputes between the petitioner employer and its workmen, namely Sri R. Nagaraja (in WP No.4179/2015) and Sri Bhavani Rao N.S. (since deceased, represented by legal representatives in WP No.4176/2015). The Industrial Tribunal had passed orders refusing to transfer the cases. The petitioner contended that the Tribunal was biased and that it would be inconvenient to appear before the Tribunal at Mysore. The respondents, represented by Sri K. Govindraj for the workmen and Sri M.Y. Ramesh Jois for the State, opposed the petitions. The High Court, after hearing the parties, held that the petitioner failed to establish any bias or jurisdictional error in the Tribunal's orders. The court observed that mere allegations of bias without supporting material and mere inconvenience of the employer are not sufficient grounds for transfer. The court found no violation of natural justice or any patent error of law warranting interference under Article 227. Consequently, both writ petitions were dismissed. The court did not award any costs.
Headnote
A) Labour Law - Industrial Disputes Act, 1947 - Section 10, Section 11A, Section 33C(2) - Transfer of Cases - Bias - The petitioner employer sought transfer of cases from Industrial Tribunal, Mysore to Additional Industrial Tribunal, Bangalore alleging bias and inconvenience. The Tribunal rejected the transfer applications. The High Court held that mere allegations of bias without material evidence and mere inconvenience of the employer are not sufficient grounds for transfer. The court found no jurisdictional error or violation of natural justice in the Tribunal's orders. (Paras 1-5)
B) Constitutional Law - Articles 226 and 227 of the Constitution of India - Writ Jurisdiction - Interference with Tribunal Orders - The High Court reiterated that its supervisory jurisdiction under Article 227 is limited and can be exercised only when there is a patent error of law or jurisdiction. The court found no such error in the impugned orders and dismissed the writ petitions. (Paras 4-5)
Issue of Consideration
Whether the Industrial Tribunal, Mysore, erred in refusing to transfer the cases to the Additional Industrial Tribunal, Bangalore, and whether the orders passed by the Tribunal suffer from any jurisdictional error or bias warranting interference under Articles 226 and 227 of the Constitution of India.
Final Decision
Both writ petitions are dismissed. No order as to costs.
Law Points
- Industrial Disputes Act
- 1947
- Section 10
- Section 11A
- Section 33C(2)
- Transfer of cases
- Bias
- Natural justice
- Jurisdictional error
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
Case Details
2019 LawText (KAR) (11) 16
Writ Petition No.4179 of 2015 (L-RES) and Writ Petition No.4176 of 2015 (L-TER)
Sri Somashekar (for petitioner), Sri K. Govindraj (for respondent 1), Sri M.Y. Ramesh Jois (AGA for respondent 2)
M/s. Pearlite Liners Pvt. Ltd.
Sri R. Nagaraja and The Commissioner and Secretary to the Government of Karnataka, Department of Labour (in WP 4179/2015); Sri Bhavani Rao N.S. (since deceased, LRs) and The Commissioner and Secretary to the Government of Karnataka, Department of Labour (in WP 4176/2015)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging orders of the Industrial Tribunal, Mysore, refusing to transfer cases to the Additional Industrial Tribunal, Bangalore.
Remedy Sought
The petitioner sought to quash the orders dated 28.02.2013 passed by the Industrial Tribunal, Mysore, in Serial Application No.4/2009 in Ref.No.82/2009 and Serial Application No.8/2009, and further direct the Commissioner and Secretary to the Government of Karnataka, Department of Labour, to transfer the cases to the Additional Industrial Tribunal, Bangalore.
Filing Reason
The petitioner alleged bias on the part of the Industrial Tribunal, Mysore, and inconvenience in appearing before it, and sought transfer of the cases.
Previous Decisions
The Industrial Tribunal, Mysore, had passed orders on 28.02.2013 rejecting the petitioner's applications for transfer.
Issues
Whether the Industrial Tribunal, Mysore, erred in refusing to transfer the cases to the Additional Industrial Tribunal, Bangalore?
Whether the impugned orders suffer from any jurisdictional error or bias warranting interference under Articles 226 and 227 of the Constitution of India?
Submissions/Arguments
The petitioner argued that the Tribunal was biased and that it would be inconvenient to appear before the Tribunal at Mysore.
The respondents opposed the petitions, contending that there was no bias or jurisdictional error.
Ratio Decidendi
Mere allegations of bias without material evidence and mere inconvenience of the employer are not sufficient grounds for transfer of cases from one Industrial Tribunal to another. The High Court's supervisory jurisdiction under Article 227 is limited and can be exercised only when there is a patent error of law or jurisdiction. In the absence of such error, the writ petitions are not maintainable.
Judgment Excerpts
The petitioner has not made out any case for interference under Articles 226 and 227 of the Constitution of India.
The impugned orders do not suffer from any jurisdictional error or violation of principles of natural justice.
Procedural History
The petitioner filed Serial Application No.4/2009 in Ref.No.82/2009 and Serial Application No.8/2009 before the Industrial Tribunal, Mysore, seeking transfer of the cases to the Additional Industrial Tribunal, Bangalore. The Tribunal rejected these applications by orders dated 28.02.2013. Aggrieved, the petitioner filed the present writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Industrial Disputes Act, 1947: Section 10, Section 11A, Section 33C(2)
- Constitution of India: Articles 226, 227
