KARNATAKA STATE GOVERNMENT DAILY WAGES EMPLOYEES FEDERATION (REGD. ), HUBLI v. STATE OF KARNATAKA
1995-07-21
V.P.MOHAN KUMAR
body1995
DigiLaw.ai
V. P. MOHAN KUMAR, J. ( 1 ) WHEN these writ petitions came up for preliminary hearing smt. S. Sujatha, High Court Government Pleader, took notice on behalf of respondents. These writ petitions are being heard and disposed of as agreed to. ( 2 ) THE short question raised in this writ petition is the competency of the Labour Commissioner to issue a circular as in the nature impugned herein. The common set of fact in these cases are that a set of workers employed in the Government department sought to raise an industrial dispute with respect to the dispute described as coming within the ambit of Section 2 (k) of the Industrial Disputes Act. The Conciliation Officer relying on the circular issued by the second respondent (produced as annexure-A in Writ Petition No. 14515 to 14518 of 1995) has declined to conciliate and submit its report to the Government. The second respondent issued the said circular to the effect that the dispute between the worker and the company owned by the government would come within the purview of the administrative Tribunal and therefore the remedy of the aggrieved worker is to approach the Administrative Tribunal and not to raise industrial dispute. The validity of the said circular is in question. ( 3 ) I have heard Sri Vigneshwar Shastri, learned Counsel for the petitioners, Sri K. Subba Rao and Smt. S. Sujatha, High court Government Pleader for respondents. It is to be noted that the duties of the Conciliation Officer are specified under Section 12 of the Industrial Disputes Act. Section 12 of the Act states that if there be a dispute between the management and the workers, the Conciliation Officer shall conciliate and submit his report on the conciliation to the Government. This section specifically states that authorities concerned can exercise their power independently and no other officer in the department can interfere with the said jurisdiction of the Conciliation Officer. The section also does not contemplate any higher authorities controlling or abridging or influencing the power of this conciliatory Officer. As can be seen from the circular issued by the Labour Commissioner referred to above he has directed that the Conciliation Officer need not proceed with the conciliation under Section 12 of the Industrial Disputes Act, if in the event, the dispute is between the Government Company and the worker employed in the Government Company.
As can be seen from the circular issued by the Labour Commissioner referred to above he has directed that the Conciliation Officer need not proceed with the conciliation under Section 12 of the Industrial Disputes Act, if in the event, the dispute is between the Government Company and the worker employed in the Government Company. This is a clear case of interference with the statutory power vested with the authority exercising its power under Section 12. This cannot be therefore sustained. ( 4 ) THAT apart, Section 28 of the Administrative Tribunals Act specifically states that the rights conferred on the workers under the Special Enactments mentioned therein will not be affected by the Administrative Tribunal Act. It means despite the fact that the question raised by the worker may also be adjudicated by the Administrative Tribunal, it does not take away the jurisdiction of the Industrial Disputes Act and the adjudicating process constituted under the Industrial Disputes Act, (vide Des raj v State of Punjab and Others and Papanna, S. R. v Union of india and Others ). In view of the circumstances, the Labour commissioner cannot interdict the powers of the authorities under the Industrial Disputes Act to conciliate the dispute and adjudicate the same. The Labour Commissioner cannot issue circular restraining the said powers of the Conciliation Officer being exercised under Section 12 of the Act or of the Government under Section 10 of the Industrial Disputes Act. Therefore the circular (Annexure-A in Writ Petition No. 14515 to 14518 of 1995 and Annexure-C in Writ Petition No. 27780 of 1995) issued by the Labour Commissioner cannot be maintained and are quashed. There will be a direction to the third respondent to conciliate the dispute in accordance with Section 12 of the industrial Disputes Act and take appropriate action. With these directions, writ petitions are disposed off. --- *** --- .