WHICH COURT HAS JURISDICTION FOR AN APPEAL
Querist :
Anonymous
(Querist) 06 April 2010
This query is : Resolved
IF A MATTER IS DECIDED IN THE LABOUR COURT OF MUMBAI AND THE PARTY AGAINST WHOM THE ORDER IS PASSED WANTS TO FOR AN APPEAL WHERE SHALL THE APPEAL LIE UNDER WHICH SECTION.
Querist :
Anonymous
(Querist) 06 April 2010
UU
H. S. Thukral
(Expert) 06 April 2010
In Mumbai HC under writ jurisdiction 226/227 of Constitution Of India
AEJAZ AHMED
(Expert) 06 April 2010
Dear Brother,
Appeal should be made before the "INDUSTRIAL COURT OF MAHARASHTRA"
Under Section 84 R/W 85 of "THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946"
OR
Under Section 42 of "The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971"
Kindly go through the following Concerned Sections of the Acts:
The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
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42. APPEAL. - (1) Notwithstanding any thing contained in section 40, an appeal shall lie to the Industrial Court - (a) against a conviction by a Labour Court, by the person convicted;
(b) against an acquittal by a Labour Court in its special jurisdiction, by the complainant;
(c) for enhancement of a sentence awarded by a Labour Court in its special jurisdiction, by the State Government.
(2) Every appeal shall be made within thirty days from the date of the conviction, acquittal or sentence, as the case may be :
Provided that, the Industrial Court may, for sufficient reason, allow an appeal after the expiry of the said period.
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44. INDUSTRIAL COURT TO EXERCISE SUPERINTENDENCE OVER LABOUR COURTS. - The Industrial Court shall have superintendence over all Labour Courts and may, - (a) call for returns;
(b) make and issue general rules and prescribe forms for regulating the practice and procedure of such Courts in matters not expressly provided for by this Act and in particular, for securing the expeditious disposal of cases;
(c) prescribe form in which books, entries and accounts shall be kept by officers of any such Courts; and
(d) settle a table of fees payable for process issued by a Labour Court or the Industrial Court.
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http://www.vakilno1.com/bareacts/maharashtrarecognitionact/maharashtrarecognitionact.htm
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THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946
Capter - XII
APPEAL
84. (1) Notwithstanding anything contained in section 83 an appeal shall be to the Industrial Court-
(a) against a decision of a Labour Court in respect of a matter falling under clauses (a) or (c) of paragraph A of sub-section (1) of section 78 except to the extent to which it determines whether a strike, 5[Lock-out, closure or stoppage] was illegal or not, or a decision of such Court under paragraph C of sub-section (1) of the said section;
(b) against a conviction by a Labour Court by the person convicted;
(c) against an acquittal by Labour Court in its special jurisdiction, by the 6[State] Government.
(d) for enhancement of a sentence awarded by a Labour Court in its special jurisdiction by the 6[State] Government.
(2) every appeal shall be made within thirty days from the date of the decisions, conviction, acquittal or sentence, as the case may be :
Provided that the industrial Court may for sufficient reasons allow an appeal
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85. 1[(1)] The industrial Court shall have superintendence over all Labour Courts and may-
(a) call for returns;
(b) make and issue general rules and prescribed forms for regulating the practice and procedure of such Courts in matters not expressly provides for by this Act and, in particular, for securing the expeditious disposal of case;
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such Courts;
(d) settle a table of fees payable for process issued by a Labour Court or the Industrial Court.
1[(2) The Industrial Court may, by order in writing and for reasons to be stated therein withdraw any proceeding under this Act pending before a Labour Court and transfer it for disposal to another Labour Court which may, subject to any special directions in the order of transfer, proceed in the matter either de novo or from the stage at which it is so transferred.]
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http://labourandemployment.gov.in/ilc%5Fa/law/bir%5Fact/ch12.htm
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Kiran Kumar
(Expert) 06 April 2010
here in Punjab and Haryana we follow the procedure mentioned by Mr. Thakural.
and the procedure advised by Mr. Ahmed is a new thing to me, lets c what other Ld. friends from Mumbai say.
Swami Sadashiva Brahmendra Sar
(Expert) 06 April 2010
In U.P. also we file a writ petition before the high court.
Mr Aezaz has quoted the provisions of state law and in view of that a writ petition is not maintainable in Maharashtra as there is an alternative remedy.
Thanks to Mr Aezaz for providing local law of Maharashtra!
