Labour Court will have the power to grant injunction as an incidental power
The Labour Court concerned should meticulously scan the allegations in the complaint and if necessary, get the necessary investigation made in the light of such complaint and only when a very strong prime facie case is made out by the complainant appropriate interim orders intercepting such domestic enquiries in exercise of powers under Section 30(2) can be passed by the Labour Courts. Such orders should not be passed for mere askance by the Labour Courts. Otherwise, the very purpose of holding domestic enquiries as per the standing orders would get frustrated.
/
1996 AIR 285 1995 SCC (6) 326
JT 1995 (6) 625 1995 SCALE (5)400
:
J U D G M E N T
MAJMUDAR. J:
Leave granted.
By consent of learned advocates of the parties, the appeal is finally heard and is being disposed of by this judgment.
The short question involved in this appeal centers round the jurisdiction of the Labour Court functioning under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as `the Act' for short) regarding entertaining of complaints filed under Section 28(1) of the Maharashtra Act in connection with contemplated discharge or dismissal of the employees alleged to be resorted to by the employer by way of unfair labour practice, as mentioned in Item 1 of Schedule IV of the Maharashtra Act. The Labour Court in which the complaints were filed took the view that such complaints were not maintainable as the actual orders of discharge or dismissal were yet not passed by the employer. The learned Single Judge of the Bombay High Court confirmed that view, but the appellate Bench of the High Court allowed the writ appeal filed by the respondent-workmen and took a contrary view. That is how the employer is before us in this appeal.
https://www.lawweb.in/2012/06/labour-court-will-have-power-to-grant.html
/
Supreme Court of India
Hindustan Lever Ltd vs Ashok Vishnu Kate & Ors on 15 September, 1995
Equivalent citations: 1996 AIR 285, 1995 SCC (6) 326
CITATION:1996 AIR 285 1995 SCC (6) 326
JT 1995 (6) 625 1995 SCALE (5)400
:
J U D G M E N T
MAJMUDAR. J:
Leave granted.
By consent of learned advocates of the parties, the appeal is finally heard and is being disposed of by this judgment.
The short question involved in this appeal centers round the jurisdiction of the Labour Court functioning under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as `the Act' for short) regarding entertaining of complaints filed under Section 28(1) of the Maharashtra Act in connection with contemplated discharge or dismissal of the employees alleged to be resorted to by the employer by way of unfair labour practice, as mentioned in Item 1 of Schedule IV of the Maharashtra Act. The Labour Court in which the complaints were filed took the view that such complaints were not maintainable as the actual orders of discharge or dismissal were yet not passed by the employer. The learned Single Judge of the Bombay High Court confirmed that view, but the appellate Bench of the High Court allowed the writ appeal filed by the respondent-workmen and took a contrary view. That is how the employer is before us in this appeal.
https://www.lawweb.in/2012/06/labour-court-will-have-power-to-grant.html
