Case Note & Summary
The petitioner, Alstom Projects India Limited, challenged an endorsement dated 17.01.2012 passed by the Deputy Labour Commissioner and Conciliation Officer, Gulbarga, which held that the respondent-workman, Gurudatta, could raise a dispute before the Labour Court regarding his dismissal effective from 01.06.2010, in view of the amendment inserting Section 2A into the Industrial Disputes Act, 1947 by Act No.24 of 2010 (w.e.f. 15.09.2010). The employer contended that the Conciliation Officer failed to give any prior intimation to the employer before passing the endorsement, thereby violating Rule 10 of the Industrial Disputes (Karnataka) Rules, 1957 and principles of natural justice. The court agreed, noting that the employer was deprived of an opportunity to submit its case. Consequently, the court quashed the impugned endorsement and directed the Conciliation Officer to provide a fresh opportunity to the employer to present its case before making any reference to the Labour Court.
Headnote
A) Industrial Law - Conciliation Proceedings - Prior Notice - Rule 10 of Industrial Disputes (Karnataka) Rules, 1957 - The Conciliation Officer must give prior intimation to the parties before referring a dispute to the Labour Court. Failure to do so violates principles of natural justice and deprives the employer of an opportunity to present its case. The impugned endorsement dated 17.01.2012 was quashed. (Paras 1-3)
Issue of Consideration
Whether the Conciliation Officer's endorsement referring the workman's dismissal dispute to the Labour Court without giving prior intimation to the employer is valid.
Final Decision
The court quashed the impugned endorsement dated 17.01.2012 (Annexure-B) and directed the Conciliation Officer to give a fresh opportunity to the employer to present its case before making any reference to the Labour Court.
Law Points
- Natural justice
- prior notice
- conciliation proceedings
- Section 2A Industrial Disputes Act
- 1947
- Rule 10 Industrial Disputes (Karnataka) Rules
- 1957
Case Details
2016 LawText (KAR) (08) 25
Writ Petition No.81407/2012 (L-REF)
Dr. Justice Vineet Kothari
Sri Ashok S. Kinagi (for petitioner), Sri A. Syed Habeeb (AGA for R1 and R2), Sri P. Vilaskumar (for R3)
Alstom Projects India Limited
State of Karnataka, Deputy Labour Commissioner and Conciliation Officer, Gurudatta S/o Sidramappa
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement passed by the Deputy Labour Commissioner and Conciliation Officer.
Remedy Sought
Quashing of the endorsement dated 17.01.2012 passed by the second respondent.
Filing Reason
The employer was aggrieved by the endorsement which allowed the workman to raise a dispute before the Labour Court without giving prior intimation to the employer.
Issues
Whether the Conciliation Officer's endorsement referring the dispute to the Labour Court without prior intimation to the employer is valid.
Submissions/Arguments
The employer argued that under Rule 10 of the Industrial Disputes (Karnataka) Rules, 1957, the Conciliation Officer must give prior intimation to the parties before referring a dispute. The impugned endorsement was passed without any such intimation, depriving the employer of an opportunity to present its case.
Ratio Decidendi
The Conciliation Officer must comply with Rule 10 of the Industrial Disputes (Karnataka) Rules, 1957, which requires prior intimation to the parties before referring a dispute. Failure to do so violates principles of natural justice and renders the endorsement invalid.
Judgment Excerpts
The employer-ALSTOM Projects India Limited is aggrieved by the impugned endorsement Annexure-B dated 17.01.2012 passed by the Deputy Labour Commissioner and Conciliation Officer, Gulbarga, holding that in view of the amendment of the Industrial Disputes Act, 1947, by inserting Section 2A therein by the Act No.24 of 2010 (w.e.f., 15.09.2010), the respondent-workman – Gurudatta could raise a dispute before the Labour Court with respect to his dismissal with effect from 01.06.2010.
The learned counsel for the employer referring to Rule 10 of the Industrial Disputes (Karnataka) Rules, 1957, which is quoted below, urged that without a formal intimation to the employer and the parties concerned, the Conciliation Officer could not refer the dispute to the Labour Court and in the present case, the impugned order Annexure-B dated 17.01.2012 has been passed without giving any prior intimation to the petitioner-employer.
Procedural History
The employer filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the endorsement dated 17.01.2012 passed by the Deputy Labour Commissioner and Conciliation Officer, Gulbarga. The court heard the matter and passed the order on 02.08.2016.
Acts & Sections
- Industrial Disputes Act, 1947: Section 2A
- Industrial Disputes (Karnataka) Rules, 1957: Rule 10
- Constitution of India: Articles 226, 227
